Need to get ex off of the mortgage and deed.

[Tricheya]

What is the name of your state (only U.S. law)? MN
My boyfriend and I bought a house 7 years ago. Both our names are on the mortgage and title. We have recently split up. I would like to stay in the house and not sell it. He refuses to leave. He does not have any income, is not disabled and has not paid any bills for over 3 years. What are my options?

 

[Zigner]

What is the name of your state (only U.S. law)? MN
My boyfriend and I bought a house 7 years ago. Both our names are on the mortgage and title. We have recently split up. I would like to stay in the house and not sell it. He refuses to leave. He does not have any income, is not disabled and has not paid any bills for over 3 years. What are my options?

Offer to buy him out or offer to let him buy you out.

 

[Tricheya]

Offer to buy him out or offer to let him buy you out.

What if he refuses to sell? He would rather see it go into forclosure than let me have the house.

 

[Zigner]

What if he refuses to sell? He would rather see it go into forclosure than let me have the house.

Why should he "let" you have the house? It's his house too! Offer to pay him the full market value of his share of the house, in a lump sum, not payments.

 

[TigerD]

Talk to a real estate lawyer about partition. Partition is an absolute right. You can partition-in-kind or partition-by-sale.

Gather copies of every document you have regarding the house: Receipts, payments, expenses, taxes, insurance - everything.
Move all of your valuables (including copies of those documents) into storage -- off site.

It is going to get messy and cost a bit. Your lawyer will be able to explain.

DC

 

[Tricheya]

Why should he "let" you have the house? It's his house too! Offer to pay him the full market value of his share of the house, in a lump sum, not payments.

I wasn't implying that it wasn't his house too and that he should "let" me have it. I realize he owns part of the house also. I am willing to offer him his share but what I am asking is "What are my options if he refuses to be reasonable?"

 

[Zigner]

Talk to a real estate lawyer about partition. Partition is an absolute right. You can partition-in-kind or partition-by-sale.

Gather copies of every document you have regarding the house: Receipts, payments, expenses, taxes, insurance - everything.
Move all of your valuables (including copies of those documents) into storage -- off site.

It is going to get messy and cost a bit. Your lawyer will be able to explain.

DC

The OP wants to retain possession of the house.

 

[TigerD]

The OP wants to retain possession of the house.

May be possible, may not be possible. The court can grant possession and require her to pay the other party. Or the court could order the house sold, with the parties splitting the debt or surplus.

Additionally, she might be able to gain contribution from the other party for the expenses he hasn't paid during the past several years.

DC

 

[Ohiogal]

I wasn't implying that it wasn't his house too and that he should "let" me have it. I realize he owns part of the house also. I am willing to offer him his share but what I am asking is "What are my options if he refuses to be reasonable?"

Sue him. He cannot be evicted because he also owns the house. You have to do a partition lawsuit.

 

[Just Blue]

I wasn't implying that it wasn't his house too and that he should "let" me have it. I realize he owns part of the house also. I am willing to offer him his share but what I am asking is "What are my options if he refuses to be reasonable?"

As was stated...Partition. You may have to sell the home.

BTW...(With a BF or Other) Do not buy a home, condo, car, dog or ANYTHING without being married. It makes it hard to deal with.

Good luck
Blue