If when I bought my home, I stupidly put my then boyfriend’s name on the deed but he has been in and out of jail and I have no idea where he is, how do I go about selling my half of the house?

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If when I bought my home, I stupidly put my then boyfriend’s name on the deed but he has been in and out of jail and I have no idea where he is, how do I go about selling my half of the house?

The property was partitioned at a later date. I want to sell the house and go back to my family.

Asked on September 11, 2015 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You will need to file a suit to clear the title or to partition the property.  Basically, you are divorcing your boyfriend-- but just ommitting the divorce/ending marriage portion.  You really do need to seek out a real estate attorney to assist you.  If your title isn't clear, it will make it difficult to sell the property.  Even if someone is willing to purchase the property, they could have a claim against you later if your boyfriend should pop back into the picture and want to claim an interest in the home. 
Right now is a good time to file.  Even though you don't know where he is at, you can utlized alternative methods to have him served... it just takes jumping through a couple of extra hoops.


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