How can I removed someone from the title to my home?

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How can I removed someone from the title to my home?

About 2 years ago, I purchased a home with my now ex-significant other. He has moved out now. From what I can understand from documentation, the deed to the property the home is on is listed in my name only. I have paperwork that lists myself and my ex on the title for the manufactured home. Both of us are on the mortgage. I assume to remove him from the mortgage that I have to refinance in my name only. I need to know what I have/need to do to remove him from this title? I would also like to know what his rights are to home and land?

Asked on October 20, 2018 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If he is on the title with you, he is an owner just as much as you are and has the same rights as you do: to use, to occupy, to a share of proceeds if/when it is sold, etc. If he is on the title to the home but not to the land (not on the deed for the land), then he has a right to occupy the home and to that portion of any proceeds from sale attributable to the home but not to the land. (E.g. if the total sale price of home and land is $250k and the land is valued at $100k, then if the home and land were sold, he'd be entitled to a 50-50 share of the home's $150k, but nothing from the land's $100k.) 
You can't remove him from the title unless he agrees to be removed (e.g. you buy his interest at): you cannot legally make another person give up his ownerhip interest in a home. You have to try and work this out with him; or else sell, give him his share, and go your separate ways.


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