What would be my next steps
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What would be my next steps
I am living in a house that me and my ex had bought. It is both under our names. I ended up having to get a restraining order on him but his lawyer had us sign a paper that he would not come back to the house if I take off the restraining order. Since then I have been taking care of all the payments but his name is still on it. How do I go about taking his name off? Does he still have to pay until he decides to take his name off?
Asked on September 25, 2018 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can't take his name off the house without his consent or agreement: you cannot take away someone else's property, and his right to or interest in the home is property. You also can't make him pay without a written agreement or contract obligating him to pay--e.g. if you are both on the mortgage, you could sue him to make him pay his share, but you can't force him to contribute to maintenance or upkeep. You may wish to consider entering into an agreement under which he will give up his interest in the home ("take his name off") in exchange for some payment you are willing and able to pay.
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