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My partner and I recently broke up. I solely purchased the…

Customer Question
My partner and I...

My partner and I recently broke up. I solely purchased the home in 2011 but in July of 2017 I remortgaged the home and added his name to the deed as tenants in common. He never made any financial contribution to the home. What is he entitled to and how do I remove his name from the deed?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

What are you referring to when you say filed or reported?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am most interested in what he is entitled to

Submitted: 4 months ago.Category: Legal
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1/7/2018
Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,897
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Lawyer: Loren, Attorney replied 4 months ago

Is there any cotenancy agreement between you both which has a buyout or other exit provision?

Has the ex made any demand for cooperating with a removal from the deed?

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Customer reply replied 4 months ago
Removing him has not been discussed. We have had no contact sine he left
Lawyer: Loren, Attorney replied 4 months ago

Thank you for the additional information.

Since you voluntarily added him to the deed he is an owner and can not be removed from the deed without his cooperation or a court order.

So, the first step is to present a quitclaim deed and ask for his signature so the interest returns to you.

If they refuse, ask what they want to sign the deed and see if you can reach a settlement.

If no settlement is possible then you may need to file for an order of partition.

If real property is owned concurrently by two or more persons then any of the interested parties may bring an action to "partition" the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a Partition Action and for people with concurrent interests (currently existing) who have not "waived" the right to partition, this remedy is an absolute right. The demand for partition must be granted by the Court to such plaintiffs -- although the details of the order can vary widely. The "order" for the sale is typically an Interlocutory Judgment of Partition by Sale, either issued soon after the lawsuit is filed but sometimes not until all of the financial and legal issues are resolved.

Partition actions must be filed in the county where the property is located. Any person with an existing or future interest in the property may bring the action.

This is an equitable remedy, which means the litigation is somewhat complex. While not proceeding pro se is not legally required, it is strongly recommended you retain an attorney to move forward.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE HUBBLE

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Lawyer: Loren, Attorney replied 4 months ago

Are you still online with me?

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Lawyer: Loren, Attorney replied 4 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Lawyer: Loren, Attorney replied 4 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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