Expert: Dick Dennis - 12/11/2006

Question
Hello from California,

My brother-in-law entered into a relationship with a woman about 4 years. For financial (and I believe personal) reasons, they opted not to get married. Against the advise of family members, he entered into a mortgage with this person. The house they purchased has done EXTREMELY well, and the value has more than doubled since they moved in. As you have probably surmised by now, the relationship is, for all intents and purposes, over. She can not afford to stay in the house on her own. He really wants to keep the house, but she is asking for a considerable amount of money to walk away. I know it was foolish for him to enter into this without a written agreement, but does he have any recourse in this situation? It seems to me his only two options are to either pay her the money, or sell the house. But I'm not the expert.

Thanks for any help.

Answer
Your brother-in-law looks like he has no choice: While no one can force either he or she to sell, you can hire an attorney to force a sale with a court partition petition. Or she can do that. The judge instructs the parties to sell the property and then the sheets are parted at that time.

Of course, either one can just agree to buy out the other for whatever terms can be agreed upon.

I do wish you well.

Dick Dennis
California Broker