QUESTION

I own a house with my ex,never married. I want the house and he’s not agreeing to let me buy him out. I just put in an ingroundpool that i paid for

Asked on Nov 21st, 2017 on Real Estate - New York
More details to this question:
He won’t let me buy him out because he doesn’t want my new boyfriend living there. I’ve paid for the new pool, sprinkler system and part of the fence. We also have animals on the property that i don’t want to get rid of. What can i do if he doesn’t agree. I put down more than half of the down payment as well
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
You need to commence a partition action.  It is your only remedy.  While the court cannot order a buyout, it is a common settlement option.
Answered on Nov 29th, 2017 at 7:37 PM

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Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
You can't force your ex to sell his share to you, but you can force him to give you YOUR share, either by a physical partition (in the unlikely event that is practical) or by a judicial sale of the property in a partition action. Sue him for partition, and when he sees how much of his share will be spent on the fees and costs that go along with such a sale, he might agree to settle with you, since it will allow him to walk away with more money in his pocket. And next time, don't put all that money into a property that you co-own with ANYONE who isn't willing to split the costs, up front. You may or may not get them back in a partition action, but you'll probably spend a lot of money in legal fees battling it out.  And in the future, don't buy a property together with anyone (even a spouse) without a right-of-first refusal to purchase the other person's share written into the deed or in a separate agreement, in the event you can no longer live together.   
Answered on Nov 21st, 2017 at 9:55 PM

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