How can I get my ex out of my house

[Inezinez]

What is the name of your state (only U.S. law)? Mississippi

I own a home and the mortgage is in my name but my former significant other's name is on the deed.

The relationship has ended and I want this person out of the house. This person does not pay the mortgage payments or help on the utilities but claims that since their name is on the deed that they do not have to move out of their house.

How can I legally get this person out of my house.

 

[Antigone*]

What is the name of your state (only U.S. law)? Mississippi

I own a home and the mortgage is in my name but my former significant other's name is on the deed.

The relationship has ended and I want this person out of the house. This person does not pay the mortgage payments or help on the utilities but claims that since their name is on the deed that they do not have to move out of their house.

How can I legally get this person out of my house.

How did he get on the deed to the home?

 

[LillianX]

Buy them out of their half is the easiest, and only surefire, way.

 

[tranquility]

Duplicate post.

But, you can't get an owner out without a court order.

 

[Antigone*]

Duplicate post.

But, you can't get an owner out without a court order.

I guess she did not like the legally accurate answers she already got

 

[Inezinez]

We were in a common law relationship (not recognized by State). The person told mortgage company that we were married but we were not. The person did not qualify to get a mortgage loan hence why the loan is in my name only.
Through my own ignorance as a first time homebuyer, I did not know any better. Shame shame on me.

Any advice will be greatly appreciated.

 

[Antigone*]

We were in a common law relationship (not recognized by State). The person told mortgage company that we were married but we were not. The person did not qualify to get a mortgage loan hence why the loan is in my name only.
Through my own ignorance as a first time homebuyer, I did not know any better. Shame shame on me.

Any advice will be greatly appreciated.

You got advice on your other thread.

 

[LillianX]

The house belongs to your ex just as much as it does to you. You can't get him off the deed anymore than he can get you off the deed, without permission. Your options are to offer to buy him out, see if he'll give up his interest for free, willingly, or to sell the house and split the proceeds amongst the two of you and both find a new place to live.

 

[Inezinez]

Sorry. That other thread was about removing the other person's name from the deed.

So I have to get a court order to get the person to move out of the house even though the person pays nothing?

 

[Antigone*]

Sorry. That other thread was about removing the other person's name from the deed.

So I have to get a court order to get the person to move out of the house even though the person pays nothing?

You made him an owner. If he does not pay anything that is on you.

 

[LillianX]

Sorry. That other thread was about removing the other person's name from the deed.

So I have to get a court order to get the person to move out of the house even though the person pays nothing?

You can't get a court order to get him to move out of the house. It's HIS HOUSE. (I don't know genders. I'm just using him by default). You MIGHT be able to get an order that the house be sold, and the proceeds split, but that's it. You CANNOT kick him out, or have the court do so. He OWNS it, just as much as you do.

 

[tranquility]

So I have to get a court order to get the person to move out of the house even though the person pays nothing?

Yes. Just as that is the only way to get you out.

The court will not issue an order because you want it or because he doesn't pay. The order would be a restraining order to keep him away because of some legitimate fear of injury to other residents.

 

[LillianX]

Yes. Just as that is the only way to get you out.

The court will not issue an order because you want it or because he doesn't pay. The order would be a restraining order to keep him away because of some legitimate fear of injury to other residents.

This would not change his ownership of the house. Eventually, if there were no danger, he will be allowed to move back in.

 

[mistoffolees]

We were in a common law relationship (not recognized by State). The person told mortgage company that we were married but we were not. The person did not qualify to get a mortgage loan hence why the loan is in my name only.
Through my own ignorance as a first time homebuyer, I did not know any better. Shame shame on me.

Any advice will be greatly appreciated.

While the other advice you've gotten is mostly correct, I want to amplify on this for the benefit of others in a similar situation.

If he had committed fraud to get on the deed, then you might have a chance of having him removed by court order. But that would require:
1. That you had no knowledge of the fraud
and
2. That you acted to have him removed immediately upon discovery of the fraud
and
3. You would probably also have to file a criminal complaint.

If all three of those things applied, you might have a chance. But since you would have signed all the documents, you can't claim that you had no knowledge of it (unless someone pulled a fast one later).

Furthermore, him telling the mortgage company that you were married isn't really relevant. The mortgage company doesn't issue the deed. Rather, there is a real estate transaction that occurs when you buy a property - and your purchase agreement must have had his nome on the document, so you were clearly agreeing with his name going on the deed and you can't go back later and claim that as fraud.

How long have you owned the home? There may not be enough equity to make it worth fighting over. Find out the current equity (current value of the home minus the mortgage). Your easiest way out would be to purchase his half of the home for 1/2 of the current equity.

 

[nextwife]

IMHO: EVERY non-married person who co-purchases real estate should be required to also have an ownership contract that spells out legally what each party agrees to be their financial obligation, recourse for a partie's default, and what options each party has if one wishes "out" of the property (how they agree to determine value and buy out process, etc.).