Q: My friend has been living with her boyfriend for 10 years. She wants to have him leave. His name is not on the mortgage
but his name is on the deed. what should she do so she does not lose her house
A: If the two persons are not married and they are the only ones named as “Grantees” on the deed, then either may attempt to negotiate to buy out the other’s interest in the house, but if they cannot agree on a price or how to divide the proceeds, they may go to court to have the court “partition” the house (meaning the court will order the house listed for sale to a third party.). If the house is partitioned either party may purchase the house when it is partitioned. It would be highly unusual for only one owner to have mortgaged the house, but it might have happened if the boyfriend bought the house using the proceeds of the mortgage and later on deeded the house to the girlfriend. The court will take this into consideration when awarding the sale price after the partition.
A: The Mortgage is mostly irrelevant. The question is whose name or names is/are on the deed. If his name is on the deed, he has every right to stay. She could buy him out, if they can agree on a price, and then ask him to leave. If his name is not on the deed, she can have him leave.
If, however, he has been making payments on the mortgage in excess of fair market rental value, he may be entitled to be repaid some money.
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