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I have property that is jointly owned by my ex-boyfriend.

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I am the primary on...
I have property that is jointly owned by my ex-boyfriend. I am the primary on the loan and he is the secondary. He no longer lives here and has not paid on the mortgage at all in almost twelve consecutive months. His name is ***** ***** the deed. How can I get the home refinanced in my name only and get his name off the deed?
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 6 minutes by:
7/9/2015
Real Estate Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34,942
Experience: 30 years of real estate practice experience.
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Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question. I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.
You have a few options if he is absolutely refusing to honor the original agreement. First, you may want to try offering a nominal payment in exchange for the quitclaim. That may be the most expedient way to resolve this but make sure you get the signed deed before paying anything.
Otherwise, you can sue for the enforcement of the original agreement or petition the court for a 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.
The court has broad equitable powers to protect the interests of all concerned, to prevent waste and to otherwise protect the interests of the owners. In a significant portion of the cases, one of the parties is in possession of the property, whether residing therein in a residential context or operating a business therefrom in a commercial context. There may be issues of fair rental value, payment of the mortgage, insurance, and maintenance expenses, or preservation and distribution of rental receipts. The court may require the parties to contribute funds to the operation of the property, to grant access to the property to various persons including the referee, and to make whatever other arrangements are necessary to preserve the asset and to separate the dispute over the property from the efforts to get it sold.
I hope this is helpful.  If you have any follow up questions feel free to post them.  It is never a problem.
Thank you.
Loren
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Real Estate Lawyer: Loren, Lawyer replied 2 years ago
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