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Removing someone from deed

Houston, TX |

I have a friend that just recently bought a house with her boyfriend and things are not working out between them. She wants to know what she can do toget him off of it because he is abusive towards verbally and physically. she has two children in the that arent his one has MS. She was the one to make the down payment and all the mortgage payments. She needs help

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Unless he agrees to convey his interest in the property to her (by signing a deed to her), her only recourse is to bring a lawsuit against him. This is not an easy problem to resolve. Unmarried people who live together and who buy property and/or incur debts together don't realize the complications they are causing themselves. There are straightforward ways in most states that these issues are handled in divorce, but no simple or straightforward solutions when there was no marriage.

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The only easy way to do it is to have the boyfriend sign a deed conveying his interest to her. Contact a local title company or lawyer to have that drafted. As to the abuse situation she should consult the local police or a women's shelter or advocacy group. If he will not voluntarily convey the property she would have to being a court action to have the property ownership separated by a partition action, which gets very complicated. In any event, she needs to see a local lawyer or legal aid agency if she can't afford a lawyer. NOTE: This posting is not legal advice, it is just educational information. Pleae consult a local attorney for legal advice. No attorney - client relationship is created by this posting.

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There often is an easy way and a hard way to get something done and this situation is no different.

The easy way: your friend could ask, beg, plead, or otherwise persuade her boyfriend to kindly sign a deed (prepared by a lawyer) conveying his interest in the home to your friend. If that doesn't work...

The hard way: your friend will need legal assistance to determine (1) whether she and her boyfriend could be considered married under Texas law (i.e., deemed to have entered into a marriage without the formalities of a ceremony -- sometimes referred to as a common-law marriage); (2) if there is a "common-law" marriage, whether the home is considered community property; (3) whether a divorce may be necessary to cause a division of the home; and (4), if no "common-law" marriage is found to exist, your friend could be forced to file a lawsuit seeking a partition of the property (a proceeding that facilitates dividing the property into 2 different pieces -- if the property is large enough for division -- or more likely, causes the property to be sold and the proceeds from the sale divided among the property owners).

PLEASE NOTE: This information is not a substitute for legal advice and no attorney-client relationship is created by this posting.

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