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  1. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: On Deed, but Told I Had to Move Out

    Even if you decide not to live there anymore, you won't be walking away from it. You're on the deed, you own it. You'll always own it until the day you sign away that ownership. You're partner will need your signature to sell the house. That means you have to approve the sale and sign the buyer's purchase contract. That doesn't end it. There is still the escrow. During escrow you'll sign instructions to the escrow company as to how the proceeds are to be paid. The presumption is one check with both your names on it unless you instruct the escrow company otherwise. That gives you a great deal of control over the sale and will allow you to negotiate your percentage of the proceeds before the sale closes.

    After 16 years you probably have significant equity in the home, enough so that one of you can buy the other out by refinancing. As long as there is no risk of domestic violence there's no reason you shouldn't stay put while you negotiate a buyout. Decide which is more important to you, the house or the money. Then you can refuse to leave until it happens if that's what you want to do.

    The longer it takes to either sell or buy one of you out, the more the house will be worth and the more money you'll get.

    Bottom line it's your house. You don't have to leave.

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