What would be my next steps

UPDATED: Oct 1, 2022

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What would be my next steps

I am living in a house that me and my ex had bought. It is both under our names. I ended up having to get a restraining order on him but his lawyer had us sign a paper that he would not come back to the house if I take off the restraining order. Since then I have been taking care of all the payments but his name is still on it. How do I go about taking his name off? Does he still have to pay until he decides to take his name off?

Asked on September 25, 2018 under Real Estate Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't take his name off the house without his consent or agreement: you cannot take away someone else's property, and his right to or interest in the home is property. You also can't make him pay without a written agreement or contract obligating him to pay--e.g. if you are both on the mortgage, you could sue him to make him pay his share, but you can't force him to contribute to maintenance or upkeep. You may wish to consider entering into an agreement under which he will give up his interest in the home ("take his name off") in exchange for some payment you are willing and able to pay.

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.

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