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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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