Q: Gay man buys house. He is only person on morgage. He has a partner and later adds his name to deed. Partner moves out an
Gets married. He has not made any payments, insurance or taxes. He will not sign the quitclaim to remove him from the deed. What options do I have?
A: Assuming the property is in NC, one option you have is to file a petition to partition the property. It's filed with the clerk of court in the county where the property is located. The clerk will hold a hearing to determine how much of the value of the property each person is entitled to, it could be 50/50, it could be 0/100, or something in between. Another option is to sue the person for constructive or resulting trust, which is an action asking the court to divest (remove) him from the title because you are claiming he does not really own it. You have options, but you need to meet with an attorney in your district.
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