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My boyfriend and I split up but both our names r on the deed how do I get him to leave?

Burleson, TX |

We have two kids own property together and been together 16 yrs

Attorney Answers 3

  1. Your boyfriend may have an interest in the real estate by virtue of your relationship. In Texas, although the name on the deed is not the final determination in each party's interest each party over a period of 16 years will probably be viewed as having contributed to the purchase of the real estate. Your question also raises the question whether you and he are in a common law (informal) marriage. Depending on all the facts you may have to seek to have the property partitioned, buy out his interest, or file for divorce in order settle the matter. Consult a family attorney rather than a real estate attorney.

  2. Absent buying him out or a court order, it is unlikely that you can "make" him move out.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

  3. Unless you have a lease as to his interest in the property, you and he both have a right to possession of the property. Therefore, without Court intervention or a written agreement touching the property, you have no legal basis to evict or remove him from the property.

    I would visit with a local family law or real estate attorney as both issues permeate this question.

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