QUIT CLAIM DEED

My ex boyfriend I purchased a home together in 1999.He left in 2003 married someone else.I asked for a quit claim deed but he want give me one.I have been paying the mortgage since 2003.What are my options.

Asked on March 24, 2018 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't force him to sign the home over to you: he is as much an owner as you and has equal rights to the home. All you can do is sell it and split the proceeds. If he won't voluntarily agree to sell, you can bring a legal action (commonly called an action "for ejectment," though your state may have a different name) and get a court order compelling a sale. In the context of the legal action, you may be able to get the court to order that you are repaid for the last several years of mortgage payments which you made on your own before the balance of the proceeds (after paying costs of sale and paying off the mortgage)  are distributed among the two of you. If you want to explore this option, consult with a real estate attorney.


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