Legal Question in Real Estate Law in California

Re: Booting her off the title

No, you just don't boot co-owners off title. If it were possible, she could do the same to you. People mistakenly equate being "on the loan" or making the mortgage payments as having something to do with title. If you were married, it might. Since you weren't, and community property issues don't arise, making mortgage payments has zip to do with ownership.

However, I hasten to add, that if the property were partitioned, or even in a fair out-of-court split-up of your interests, you would be entitled to reimbursement from net sale proceeds for any excess contributions you made to necessary expenses, such as principal, interest, property tax, insurance and essential repairs. This is conceptually different from getting or having a bigger ownership interest. Making those payments does not increase your percentage of ownership above 50%; it only entitles you to a specific number of dollars.

So, you can't boot a co-owner off title. The remedy for unhappy co-owners is a special kind of lawsuit (alluded to above) called an action for partition, in which the court is asked to divide the property. Under modern circumstances, this usually requires a sale and division of the net proceeds rather than a lot split. After the sale, the court would divide the proceeds according to percentage ownership after making adjustments for the reimbursements mentioned above.

Finally, all co-owners, even those holding only a tiny (1% or less) interest are entitled to shared possession of every square inch of the co-owned property. Thus, taking over physical possession may create additional problems for you, depending on how its done. If you get sole possession peaceably, because (for example) she moves out, all well and good. If, however, you get sole possession by other means, her lawyers could start looking over a long list of civil and criminal charges.

An increasing important tactical consideration in cases like this is whether the property is "under water" from a loan-to-value standpoint and how much net equity there is to litigate over. If the property is worth less than you owe, it may not be worth going to court (or to jail?) over.

Re: Booting her off the title

No. In law school theory yes. But, in practice no. You'll have to buy her out or sell and split the equity after expenses.

Re: Booting her off the title

You would have to do a partition action which would require the property to be sold. You can probably buy the property at the sale for way below market value. You are also allowed to obtain financing. Your ex would be entitled to 1/2 the equity remaining after the sale minus contributions you have made to her 1/2 of the mortgage.