We bought a house together, but now the relationship is over. Can I force a sale?

Question: My boyfriend and I bought as joint tenants a home in south Scottsdale for investment purposes. The home’s value has appreciated significantly, but our relationship has depreciated significantly. I want to sell the home and move on with my life, but he doesn’t! What can I do?

Answer: You can file a partition lawsuit to sell the home. Just like no-fault divorce, there is no defense to a partition lawsuit by the other owner of the home. The judge will appoint a special commissioner, usually a real estate broker who “farms” the area, to sell the home. After close of escrow, the sale proceeds are deposited with the judge. The parties are then free to litigate with attorneys, and even have a trial, over who gets what from the sales proceeds. We have done dozens of partitions, however, and the reality is that once the sales proceeds from the home of $300,000 to $1 million or more are deposited with the judge, there has always been a quick settlement, e.g., somebody is two boat payments behind or wants to go to Hawaii for two weeks.

This article originally appeared on Arizona Republic: How to use a partition lawsuit to sell a home with 2 owners