My mother and I bought ( mortgage ) a house together 5 years ago my share 70% and hers 30% which we verbally agreed to. We didn't have an agreement made because I didn't think it was necessary at the time as it was to help me get started in the property market . She pays her share of the mortgage only and has done so without fail . I have also done the same. However she hasn't paid anything else just the 30% repayments and has no intentions to. I pay my 70% mortgage repayment each week plus everything else, rates, insurance, bills, upgrades, new carpet, painted the house, new screen doors, taps, new oven basically everything that needs repairing I pay. Not fair! . I want to buy her out. I want her to give me 30% of all I've paid in the last 5 years. Considering going to court.
You can not force her to sell you her share of the house. You can sue for partition and the court can order a sale of the house to an outside party. The judge will determine who gets what percentage of the net proceeds based upon who has paid for taxes and upkeep, so you may be able to recover for some of the carrying costs you have been paying. Based upon what you have stated here your mother would be entitled to 30 percent of the net proceeds after sale minus any adjustment he awards you for maintaining the house and upgrading it. If you want to buy your mother out it would be more likely that anyone representing her would want 30% of the equity in the house since you have no written agreement as to who is responsible for repairs and maintenance of the house.
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Co-owners have an obligation to contribute to certain types of expenses, such as property taxes, so if you really wanted to sue your mother you could most likely sue to recover her share of those sorts of expenses. I'm not sure if that would really help with the family relationship, however, and it may simply give her the incentive to be obstreperous about everything and to resist anything and everything you suggest just to spite you.
Furthermore, as a practical matter, if your mother did this as an accommodation to you to help you get started in the property market, then it doesn't seem entirely unfair for you to pay the expenses for what was supposed to be your property, or at least your entry into the property market.
In terms of buying her out, the first thing to do is to ask her to sell her interest to you. She may be more than willing to be rid of it. Otherwise, if she won't sell then you may have to bring a partition action to force the sale of the house; typically, that would give you the opportunity to buy her interest if the partition was successful, however, the price is likely to be near actual market for her interest, which might be more than you could comfortably handle.
I'd recommend you consult with a real estate attorney who can discuss all the facts with you in detail and advise you accordingly.
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In the absence of an agreement you can't force her to sell you her share of the property.
You may bring a partition action but this is expensive, time consuming and may result in a less than market price for the house (likely it would be put up at public auction). Best to speak to her about a mutually beneficial sale.
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