If my boyfriend and I are on the deed of the house that we just bought, is there anyway possible he could try to get me off the deed?

He thinks he get get me off the deed because we are breaking up. He is the only name on the mortgage.

Asked on September 26, 2018 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No. Once you are listed as a co-owner of property, you cannot simply be removed by the other owner. You both have equal rights to the property. This is true no matter whose name is on the mortgage since being listed on a mortgage has nothing to do with ownership. If your ex wants you off of the deed, he can buy out your share. Otherwise, you will remain. In fact, if he will not buy you out, then you can file suit for a "partition". In such an action the court will order that the property be divided or "partitioned" if possible. If not (as in the case of a single family house), then court will instead order a "sale in lieu of partition". This will result in the house being put on the market and sold for fair market value. The proceeds will then be equitably split between you and your boyfriend.


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