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How would I remove someones name from a property deed?
Anonymous2 views2 answers
bought a house withm my boyfriend 2 years ago..i was the main supporter for the house for the last year and since then he has moved out..im trying to find out if there is anything i can do to have his name taken off the deed. i hold the reciepts to the home and everything. he tells me he is going to sell it and there is nothing i can do because he is the first name on the deed..is this true?
He can't sell it without you and you can't sell it without him. You can't get him off the deed unless he agrees or you sell the property. If he doesn't agree, you'll need a lawyer to seek a partition of the property, which will mean that the property will be sold at auction, and you will split the proceeds. You'll have the opportunity to recoup the additional sums you paid over what he did. Another possibility is suing him for his share of what he hasn't paid you, obtain a judgment, and then execute against his share of the property. You're going to need an attorney.
This is the classic example as to why I always counsel my clients against buying real property jointly with someone unless they are married. If the relationship sours, then dividing up the property becomes a real headache.
The only two ways I can suggest to solve this problem is either A) buyout your ex at an agreed upon price (assuming their is no mortgage, otherwise you will also need to re-finance so that you can get a mortgage in your name solely, which may not be a bad idea as rates are probably lower now than when you bought even after only two years) or B) a Partition Action commenced in court.
The partition action can become expensive but is probably your best recourse. You can make a claim for any expenses you paid over and above your ex if you have the receipts and documentation to back up the claims. If you do not have the documentation, you can still argue it but it becomes more of a "he said/she said" kind of situation.
Do not worry about him selling it without your approval as you both have to sign off on any deed. It is irrelevant who's name appears first on the deed.
I would suggest that you start a file and put in any receipts/proof you have of your expenses, inlcuding mortgage payments, down payment, amounts paid at or before closing, repairs, utilities, etc. This may help you in your negotiations.
If I can be of assistance, feel free to contact me. I wish you luck on this matter as I'm sure it is not anything you anticipated two years ago.