Two friends decide to purchase a condo 50/50 and become roommates. Foolishly, no agreement between the friends is entered.

Shortly after, roommate A finds a girlfriend. The relationship rapidly becomes serious and roommate A spends less and less time in the condo. 12 months after the purchase, roommate A wants to sell and move in with the girlfriend.

The condo is put up for sale and an offer comes in. Roommate A wants to accept the offer, but roommate B, who cannot afford to buy out A, says that he will not accept the offer because the proceeds would leave him with less than what he paid for his half of the condo, after fees are paid to the realtor.

Who gets to decide whether the offer is to be accepted?

This question is regarding New York State, but answers from any other jurisdiction are welcome

  • 1
    Do they own the condo as joint tenants or tenants in common? – Dale M Feb 20 '20 at 19:58
  • 1
    Tenancy in common seems to be the default in NY for unmarried co-owners. – IKnowNothing Feb 25 '20 at 14:01

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