Legal Question in Real Estate Law in Minnesota

A relationship that fell apart

I own a house with someone both names are on the title & his name only on the note.I would like him to buy me out but has not yet done so. I put the down payment on the house he also has a large loan out against he house or would it be better to sell. What are my options

Asked on 2/21/09, 10:14 pm

2 Answers from Attorneys

Sam Calvert Calvert Law Office

Re: A relationship that fell apart

Hopefully you have a written agreement, entered into before this dispute arose, outlining what your rights and obligations are.

If not, the legal recourse is almost certainly a "partition action", which is where you ask the court to split the property in a fair fashion, as laid out in the statute.

Such actions can be messy and expensive -- you might want to try a mediation session with your friend to see if the two of you can come up with something that will work for you.

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Answered on 2/22/09, 1:37 pm

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: A relationship that fell apart

If you do not have any signed agreements, your options are severly limited. Without an agreement, you would have to sue in court for "Partition." In such an action, the court may determine each party's respective contribution and interest in the real estate and require it sold or a buy-out to occur.

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Answered on 2/21/09, 10:58 pm

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