How to go about getting an ex out of a house?

My fiance has an ex living in the home they shared for about 17 years. The home loan is in his name only as well as the title. They were never legally married. He moved out of Oregon in about 2014. They had a verbal agreement that she would continue to make the mortgage payments and had one year to get a loan in her name. It has been more then 3 years now and she has done nothing to

secure a home loan in her name. She isn’t paying the mortgage on time and therefore, it is constantly late. It is going against his credit and he is afraid it could go into foreclosure. She refuses to return any texts regarding this matter. What are our legal rights to getting her out of the house before it gets foreclosed on? He is also afraid she will destroy the house if he tries to get her out.

Asked on January 14, 2018 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she is not a rent-paying tenant (and is not on the title), she is considered a "guest"; a guest can be asked to leave at any time, and then if she doesn't, the owner can bring a legal action (commonly called an action for "ejectment," though your state may have a different name, such as an action for "unlawful distraint") to remove her. She may only be removed by legal action--you can't just throw her out. Generally, you need to first provide written notice (sent some way or ways you can prove delivery) that she must go and giving her some short, but reasonable, time to vacate; if she does not leave by that date, you file the action. This sort of action is more procedurally complex than a  small claims case; it is recommended that your fiance hire a lawyer to help. Landlord-tenant attorneys will typically know how to file this type of legal action. Good luck.

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