Q: I am a mother with 2 children and co-own a home and land with my current boyfriend. He is not their father. We co-own
a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without either the money I have invested or him buying my half, which I know he will not do without being forced. If I leave, is there any way I can sue him for my half in exchange for signing my name off the deed or will he be able to remove my name himself because I no longer reside in the home?
A: You would bring a court action against him for "partition" of the property. And no, he cannot unilaterally remove you from the title.
A: Your name cannot be removed off of a deed without you signing it (or by forgery). You should consult with a real estate litigator today. You could file an action in court called a partition, which would force him to buy you out or the court sells the property.
A: While the action you would have to pursue is a Partition Action, which will cost both of you substantial legal fees most likely, I would advise impressing this upon him and reaching some reasonable refinance, buyout or similar resolution without having to resort to litigation for Partition. If this cannot be accomplished otherwise, you will be stuck with pursuing a Partition Action.
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