What to do about a co-owner who wants their name off of a property?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about a co-owner who wants their name off of a property?

My ex-boyfriend and I both owned our own homes. We decided to live together, so I sold my home and we bought another home (which was entirely from my profit on the house I sold). My income was not great enough to be on the note alone, so his name was listed first on the mortgage. He kept his home and rented it out and the rental income paid his mortgage. Since I bought the home with 100% of my money, I only gave him 30% of the rights on the deed. We have since split up. He moved back into his original home and now wants his name off my mortgage so he can re-fi his home. I have been unsuccessful in re-financing to remove his name becasue of my debt to income ratio. Does he have any legal course of action that can force me to sell my home?

Asked on November 27, 2012 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, he can bring an action for "partition" which asks the court to split the house between you (in to parts and it would follow the deed you have - 70/30).  Since the court can not actually split the house they generally order it sold.  Please speak with ana ttorney in your area to help you with this matter.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption