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

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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