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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23956
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a question about owning a home. My fiancee and I

Customer Question

I have a question about owning a home. My fiancee and I bought a house together and both of our names are ***** ***** mortgage/deed/etc. We were planning on getting married but after moving in together, there have been issues with domestic violence and anger management on his part. If I break up with him, what are my options? Can I have his name removed and take over the house myself? Is that something he has to agree to? He has tried to kick me out when he's angry but I know he can't legally do that, since I also own the house. Is it a situation that could possibly end up in court, if he won't agree to leave and have his name removed? Is it complicated or made easier by the fact we are not married yet? I'm sorry, I'm very confused and not sure what to do and am trying to figure out all of my options. I also don't know if any of the above would end up damaging my credit (having my name removed if it came down to that and it was the only way to get away from him).
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

Good morning. I certainly understand the situation and your concern. Since both of you are on title, you both have an ownership interest in the home. That means that neither one of you can force the other person to leave. That can only be done through court order and if there are issues with DV and a party is arrested, a restraining order may be issued, preventing the other person from entering the home. It does not take away their ownership interest, just their ability to live there at the time. You can not have his name removed and he can not remove yours either and it would need to be something that is agreed to, if you could work out a buyout. Now, if this can not be done and there are issues with who will stay there, then you would need to proceed to court and ask the Judge to partition the property, essentially asking for a forced sale. You would share in any equity/surplus from the sale and then walk away. At the end of the day, if there are issues now and you do not think you will be together, it is likely in your best interest to sell the home, unless one party has the ability and desire to buy out the other and remain. If not and you need to go through the court, it will only take additional time, effort and money and cause greater problems.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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