Can my boyfriend kick me out from the house if we both on a deed
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Can my boyfriend kick me out from the house if we both on a deed
He is the only one on the mortgage. He wants
to break up. I offered to sell the house. He
wants to kick me out via the court. Do I have
any legal rights and can he kick me out? There
was no physical abuse from any side
Asked on March 30, 2019 under Real Estate Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, your ex cannot do this. As an owner, you have an equal right to occupy the home; one owner may not kick another owner out. The mortgage does not affect ownership (it just determines who has to pay the loan); being on the deed is controlling. The fact is that the law provides a remedy when co-owners cannot agree as to ownership matters. It is called "partition". In such an action, the court will order that the property be divided, if practicle. If not (as in the case of a single family house), it will instead order a "sale in lieu of partition". This means that the property will be put on the market for fair market value and when an offer is accepted and the sale completed, the proceeds will be distributed equitably to all of the owners. First, however, the party who wants to keep the property will be given the chance to buy out any other owner who wants to sell.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, he cannot. Being on the deed makes you an owner--the mortgage does not affect ownership, but only who has to pay the loan. As an owner, you have an equal right to him to occupy, live in, etc. the home, and one owner may not kick the other out.
Note that either or he or you can force (by bringing a legal action or lawsuit traditionally called an action "for partition") the sale of the home--not to each other, but that it be put on the market for sale, and the proceeds of the sale (after paying costs of sale, the mortgage, and any other liens) be divided between the owners. So if you and he cannot work out what to do, a forced sale is an option either of you may invoke.
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