Looking to Sell Half-Ownership of Co-Op in Queens New York

[Mdalton79]

Hello All,

My now ex-boyfriend and I purchased a Co-op back in 2003 for 195k in queens NY, he provided a down payment of 40k and I put in 20k. We had split the mortgage and maintenance payments. Things between us began to sour in 2005 and I decided to move out because I found someone else (future husband). I have not made any payments since. Fast forward to 2008, I am now married and looking for a place with my husband so I try to get my name off the title/mortgage of the co-op to facilitate us getting a new mortgage, but my ex did nothing but drag his feet. I even offered to pay for the refinancing costs as well as let him keep my down payment (20k) because I really wanted to start a new chapter in my life with my husband. Long story short, he did absolutely nothing to assist me with my future house purchase, luckily my husband and I were qualified for the mortgage amount even with the outstanding co-op note in my name. Now it's the end of 2009 and he has found someone so he is rushing/pushing me to get my name off the co-op because the situation now affects his life. I had originally requested my original down payment of 20k back (without interest) but he refuses stating that he's been paying the mortgage for the past 1.5 years. The title is Joint Tenancy with Rights of Survivorship. My questions are:

1) Can I value my half to whatever fair market value is? (i.e. if the property is now worth 215k can I sell him my half for 107.5k - mortgage payoff and fees)?

2) As title is still in my name, do I have the right to come and go as I please?

3) Would it be more logical to just sell him my half for 1/2 current market value or request a lump sum payment from him and I'll sign a quit claim?

4) Would it be in my best interest to file for a Partition action? What can go wrong?

I understand that most if not all these questions would be best directed to a lawyer but I wanted to get some opinions first before approaching one.


Please let me know if I need to provide additional details. Thanks in advance for your help

[Mr. Knowitall]

1. You can attempt to negotiate whatever you want. If you think it will speed things up by trying to claim half the value when he was dragging his feet when you were claiming $0, all the more power to you.

2. You've ceded exclusive possession to him for about five years. If you want to try to move in based upon your being on the title, consult a lawyer first and share all the details of your case.

3. You can attempt to negotiate whatever you want.

4. Other than the likely five figure legal fees, and the probable year or more until the case is resolved, a partition action is in fact likely to result in sale or partition.