If an unmarried couple separated and own a house together, how does one of them keep house and remove the other’s name from mortgage?

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If an unmarried couple separated and own a house together, how does one of them keep house and remove the other’s name from mortgage?

They lived together for 2 years. Both names are on the documents for the mortgage. The woman walked out; the man wants to keep the house. He applied all down payment and they have been splitting the mortgage payments. She has taken the tax deductions for the first 2 years on her W2. What are legal requirements for him to gain full ownership of home?

Asked on January 24, 2019 under Real Estate Law, Florida

Answers:

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

Answered 2 years ago | Contributor

The fact is that if both names are on the deed, then both the woman and the man are legal owners of the house so have equal rights to the use and occupancy of it; this is true even though the woman moved out. In order for the man to get full ownership of the property, he will have to buy out the woman's share or get her to agree to sign her share over to him via a quitclaim deed. 


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