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How do I evict my partner from our home to end the relationship if he has not missed any payments?
Anonymous3 views3 answers
Several years go my partner and I were added to the deed of a home owned by my sister in Monmouth County NJ. My partner and I do not have a legal domestic partnership. We are in the process of a breakup and he refuses to move. I got him to sign a quit claim deed in front of a notary to remove his name from the deed. It will be filed this week. However he continues to say he (and his mother) will not move. He has not missed any mortgage payments (we split it in thirds with his mother who has her own space in the front), however I can't live with him, we are broken up. What are my rights and what do I need to do to get them to leave? Please be reminded that this was my sisters home and she added us to the deed. She remains on the deed and the mortgage is in her name.
James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
While you say that it is your sisters home, you also say that your ex-significant other is on the deed. In which case it is his home too. It sounds like you are working on the removal of his name from the deed. If he is paying what amounts to be rent, then it is possible that he would be still b considered a month to month tenant. In which case, you may be required to go to court and seek a legal eviction after giving him sufficient notice. This is an unusual situation because it is a single family home and there is a deed/ownership/mortgage wrinkle. So I will invite my colleagues to chime in if they have a disagreement. But at the end of the day, you would be well served to keep things hospitable enough that you can get him to voluntarily leave. Whatever you do, do not engage in self help (change locks, physically remove him.) Also, document everything that is being done in writing.
You should consult with a local attorney.
To the extent that landlord tenant law applies, you may have to file a complaint for eviction.
If landlord tenant law does not apply, you would have to file a chancery action for ejectment.
If your partner is on the deed and you have no legal relationship, then you are tenants in common owners. You would need to file a partition action in Court to determine all of your respective interests.
