Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”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).
Question: 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.
