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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101607
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been living with my boyfriend for 6yrs. We have a home

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I have been living with my boyfriend for 6yrs. We have a home together ,he is on the morgage eventhough he did not upfront put any money down. I had the 10% he did not so we are paying PMI. We are in the process of selling the house in this bad market, and it looks like it might not sell this year. I resently found out he is seeing someone else and investigated it to be true. I want him out of the house but i can not afford the morgage on my own.Legally can I have him out and still pay or do I have to live like this untill the house sells? PLEASE HELP ME!!!!!!!!!!!!!!!!!!!!!
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If he is on the mortgage, then he has a right to be on the property, I am afraid - it is considered his as well as yours. The only way you would be able to have him kicked from the residence is if he were abusive or threatening towards you, in which case a restraining order would override his natural right to the space. Also, while you CAN kick him out yourself and if he leaves voluntarily, he has to do is stop paying - he is under NO compulsion to continue.I am sorry for not bringing good news. While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but no legal avenue exists for them to seek relief. I am afraid this is one of these times.



Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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