I don’t Want to Sell my Property, What can I do to Remove an Unwilling Party’s Name from a Deed?

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“I bought a house with my ex-girlfriend three years ago and she has not resided in the house for two and a half years. I am engaged to get married to someone else and I want to buy her out, but she refuses the buy out or to take her name off the deed. She stated the only way to get her name off of the house is to sell it, but I do not want to. I have made this house my home for the past three years and I do not want to sell. She has only made a few payments towards the mortgage within the last three years and has no interest in the property. What can I do to get her name off the house without selling it?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

What you will need to do, if you absolutely can’t get any agreement from the ex, is to sue for “partition.” This is the legal procedure under which co-owners can terminate their co-ownership. Depending on the laws in your state, you may be able to buy her out in the partition action, or at least be a buyer in the partition sale (which amounts to the same thing, except that there are other bidders).

The good news is that partition actions are fairly straightforward, so early settlement is common. The bad news is, the action can be expensive. I suggest you speak with an attorney familiar with this process, and see if the two of you can’t get the ex to agree to a compromise first, before you take the next step and file suit.

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Author: House Attorney

A house attorney has answered this question.

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