What are my ex-boyfriend’s rights if his name on the title but not on the mortgage?
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What are my ex-boyfriend’s rights if his name on the title but not on the mortgage?
He has not claimed all of his belongings after 6 months. He pays no bills, receives no mail and does not live here. What are his rights regarding his belongings and access to this house.
Asked on June 1, 2017 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If his name is on the title, he is an owner of the house--as much an owner as you. The fact that he is not on the mortgage means he doesn't have to pay the mortgage; it has no effect on his ownership of the home, which is based on him being on the title. Therefore, regardless of his payments or lack thereof, he has the same rights to access the home and to keep his belongings there as you do. It does not matter if he does not live there or get mail there: people can own property in which they do not live and at which they do not get mail, and can own or rent multiple residences, some of which they do not in fact live in.
Speak to a real estate attorney if you are will to sell the house and move if you and the ex-boyfriend cannot work this out between you (e.g. with you buying out his interest for a favorable price); there is a procedure, called bringing an action for "partition" which you can use to force a sale of the house and the distribution of any proceeds therefrom to the owners (after first paying the costs of sale and paying off the mortgage.
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