How do I remove a domestic partner from the property deed if they refuse to sign it over?
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Okay, unfortunately I don't have very good news for you. When you add someone to a deed to a property that you own, you are gifting them 50% ownership. That is not conditional upon them paying the mortgage, taxes, or anything else. The 50% becomes theirs the moment the deed is signed.
So there isn't any way to remove them if they refuse to sign over the deed. The only options are:
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Try to buy them out and have them sign a quitclaim deed back to you, or
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If they refuse, you can file a partition lawsuit, where a judge can order the property sold at public auction to the highest bidder. After the sale, any remaining surplus proceeds (after paying off the mortgage and costs) would be split between you.
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I need to remove a domestic partner from the deed to a home that is financed exclusively in my name.
I understand the situation can be challenging. Have you and your domestic partner discussed this change in ownership?
Only in arguments. No quality conversations have happened.
Are there any legal agreements or contracts in place regarding the ownership of the home?
No, but I put his name on the deed when I purchased the house.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with removing your domestic partner from the deed.
He has paid to put siding on the house, and for other repairs over the years. However, he has never paid the mortgage, rent, or any utilities.
Hello and welcome to the site! My name is Barrister and I am a licensed attorney here to help with your situation.
Does the person agree to sign over their ownership interest to you?
He has gone back and forth over this. Sometimes he says yes, and other times in heated arguments, he says no.
Okay, unfortunately I don't have very good news for you. When you add someone to a deed to a property that you own, you are gifting them 50% ownership. That is not conditional upon them paying the mortgage, taxes, or anything else. The 50% becomes theirs the moment the deed is signed.
So there isn't any way to remove them if they refuse to sign over the deed. The only options are:
-
Try to buy them out and have them sign a quitclaim deed back to you, or
-
If they refuse, you can file a partition lawsuit, where a judge can order the property sold at public auction to the highest bidder. After the sale, any remaining surplus proceeds (after paying off the mortgage and costs) would be split between you.
