people's Lawyer


Co-owner can force sale of house

Question I bought a house with my boyfriend four years ago. We just split up. I continue live in the house and make all the mortgage payments. He says if I do not refina nce the mortgage in my own name, he will force me to sell. Can he do this? I am still making all the payments.
Answer The simple answer is, yes. Anytime people own property jointly, any one of them may go to court and force a division or sale of the property. In this case, the property could not be divided, so it would be sold and the proceeds would be div ided. Therefore, if you desire to continue to live there, you should refinance t he mortgage and have your ex-boyfriend transfer his interest in the property to you.