What can happen if my boyfriend opened a partition case against me?
Question Details: We moved in to this house as a couple and are both on the deed. I didn't contribute to the down payment but paid all house bills, including mortgage payments, from the day one. We still continue paying for the house and split all house bills. In court, if both parties state that they are willing to buy the house, how do we have to prove and how soon funds should be available? If one of the parties can't afford the house and insists on selling it to a third party, can judge still rule in favor of the party that can afford the house?
The judge in a partition case can't order the sale to one party or the other--if one is to buy out the other, they must work that out (and the terms, like price and when payment will be made) voluntarily between themselves. All the court can do is order that the property be put up for sale by third parties.
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