QUESTION
Can my boyfriend force his ex-girlfriend to sell their joint property? What happens to the second mortgage?
Asked on Apr 04th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
My boyfriend and his ex own two houses. One is on the market and he moved into the other so they could refinance. He would now like to put it on the market as well, but she is refusing. If he can force her to sell, the asking price would probably only cover the first mortgage. What would happen to the second? Would she be responsible for helping to pay it off?
1 ANSWER
He cannot force her to sell her interest. Depending on how the title is held (joint tenancy, tenants in common, etc.), he could sue for a partition and sell his 505 if he could find a buyer, which is doubtful. He could tell her that if she doesn?t agree to a sale, which would probably be a short sell involving a negotiation with the second mortgage holder, he will stop paying the mortgage and they will lose the house to foreclosure. That is a bad outcome, however, since it would ruin his credit.
Answered on Apr 05th, 2013 at 11:18 AM