Can I evict my boyfriend from our house if he is solely on the deed but we have a signed ownership agreement?

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Can I evict my boyfriend from our house if he is solely on the deed but we have a signed ownership agreement?

Recently, my boyfriend was charged with aggravated assault for physically

abusing me. I am wondering if it would be legal if I started an eviction

process to get him out of our house. He is solely on the house deed – but

we have a signed

Asked on July 9, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot evict him. First of all, your Home Partnership Agreement is not legally effective: it does not overrule the deed. The person(s) on the deed own the home--other people, not on the deed, do not. If you were supposed to be a 50-50 owner, he should have put you on the deed--but evidently, he did not. If he is the only one on the deed, HE, not you, is the owner of the house--and you do not have any rights to it.
Second, even if you were 50-50 owners, all owners have the right to enter, use, occupy, reside in the house. An owner cannot be evicted--not even by his co-owners.
Third, you cannot "transfer" the deed to your name, since doing so would be to take away his ownership interest in the house, and you can't do that: you have no legal right to take a valuable asset from him.


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