Salt Lake City, UT asked in Real Estate Law and Small Claims for Utah

Q: How to get my boyfriend off the title if I’m the only one on the mortgage loan

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

A: Title is legal ownership of a piece of real estate. Unless he was placed on title in error, or through fraud, your boyfriend currently owns a portion of the real estate. The only way to remove him in that case would be to get his signature on a deed releasing his interest to you, or if he refuses, you can go to court and force a sale of the property. After the sale you each would get your share of the equity in the property. If the deed does not state percentages, you will normally each own 50%.

Paying the mortgage by yourself could mean that your ownership percentage has increased over 50% because you were contributing to the equity of the home in the amount of principal paid toward the mortgage each month.

If you have been equally sharing the cost of the monthly mortgage payments, then the fact that you are the only one named on the mortgage has no effect on property ownership.

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