QUESTION

We are splitting up - I want to sell the condo, she refuses to sell - what are my options?

Asked on Jul 07th, 2017 on Residential Real Estate - New York
More details to this question:
Hi we are an unmarried couple living in New York City. We have been together for 10 years and have a 8 year old son. We have agreed to split amicably. However, I want to sell the condo (primary residence) and she does not. She is adamant that she is not ready to move. I pay the mortgage (which is about 3/4 of my monthly take-home pay) and she pays the maintenance and all other bills. We share food shopping, child care and similar expenses. We are co-signers on the deed; my credit is great and hers is lousy but the mortgage has PMI because I own another condo (separately, it's all mine) and I couldn't buy our condo without her co-sign. She canโ€™t afford to buy me out (or so she says). She even suggested that I move out, and she stays and gets a roommate (everyone says this is ridiculous, especially considering impact on our son). I feel stuck and I am going out of my mind. What are my options? How do I get myself out of this? Thanks, RT
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
There is only one option -- a partition action in NYS Supreme Court.  While most cases settle for an agreed buyout or sale, ultimately the court will sell the property and divide the proceeds.
Answered on Jul 15th, 2017 at 7:43 AM

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