I want to get my ex-partner's name off the deed. She hasn't paid any taxes, house payments, utilities or upkeep on this property and she was half the equity. I don't think she should have it nor does she deserve it. She left, not me. I also paid all her credit cards bills for 11 years. What can I do?
State/Country relating to question: Pennsylvania
Telling her what I think about her.
Good evening. The simple thing would be for her to sign a quit claim deed transferring her interest in the property to you, have that witnessed and notarized, and then recorded in the real property records of the city/county in which the property is located. If she will not agree to simply sign a quit claim deed transferring her interest to you, then you would need to be more proactive. To do so, she needs to understand that with the benefits of ownership so too come the burdens. As 1/2 owner, she must pay 1/2 of all costs of the property....since you have paid all the expenses, you should file a claim against her for her share of the costs. If that doesn't prompt her to give up her interest, you can get a judgment, then place a lien on her interest to collect that judgment and then foreclose on her interest.
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Texas lawyer for 32 years; Also RE developer
You said above, "If she will not agree to simply sign a quit claim deed transferring her interest to you, then you would need to be more proactive. To do so, she needs to understand that with the benefits of ownership so too come the burdens. As 1/2 owner, she must pay 1/2 of all costs of the property....since you have paid all the expenses, you should file a claim against her for her share of the costs." My next question is how do I go about filing the lien?
First, you need to file a suit to get a judgment awarded in your favor. Once you get a judgment, then it's a pretty simple process.....i) get a lien claim form...you can find a form in Office Depot or Office Max and complete this form, including a legal description of the property upon which you are filing a lien; iii) sign the lien claim and have your signature notarized; iv) Keep a copy in your records and mail one to the property owner; and v) File the completed lien claim in the real property records of the county in which the property is located. You have your lien!
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