If two unmarried people buy a house together can one force the other o sell against their will?

Answer 1

A co-owner of property can only sell their own interest in the property. They cannot sell the other owner's interest. For property held as tenants in common or as joint tenants, each owner may sell his share without the consent of the other co-owner. In the case of tenancy by the entirety, the ability for one to sell her share varies state by state. In some states one tenant by the entirety cannot sell their share in the property without the consent of the other tenant. In some states, New York and Massachusetts to name two, a deed or mortgage by one tenant by the entirety creates a peculiar situation as explained in the next paragraph. The survivorship rights of the other tenant by the entirety cannot be severed. However, a tenant's interest in the property may be conveyed. For example: If a husband conveyed his interest in the property held as tenants by the entirety to his brother, the husband no longer owns an interest in the property. The brother takes his (the husband's) place within the tenancy. Here is the tricky part: if the wife dies then the husband's brother acquires all interest in the real estate. If the husband dies before the wife then all interest in the property passes to her free and clear. The husband's brother would have nothing. Some conveyancers have treated deeds by one tenant by the entirety as null. However, in some states such a deed conveys the interest of the grantor in the property subject to the survivorship rights of the other co-tenant.

Answer 2

You personally cannot force a co-owner of property to sell their interest. You have several other options. You could try to sell your share in the property to a third party who would be willing to share the property with your co-owner. You could petition the court to "partition" the property. By that process, the court would appoint a commissioner who would review the situation, perform a title examination and sell the property. The commissioner (a professional) would be paid from the proceeds of the sale for their services. There would also be legal costs, court costs and all the various costs related to the listing and sale of the property. All those costs, and any outstanding mortgage balance, would come directly out of the proceeds BEFORE you receive your half share. The costs will be in the thousands. You could have the property appraised and determine the amount of equity you own in the premises. You could offer your share to your co-owner at a reduced price. If on the other hand you are the one someone is trying to force out and you don't want to sell your share, then keep paying your share of the bills and be certain to keep written proof of your payments. They can't make you sell out unless they seek the partition decree in court.