Legal Question in Real Estate Law in Florida
title or deed
how can i legally remove someone from the deed on my home which i have owned for 25 years and have quite a bit of equity in? i foolishly added my girlfriend to my deed as she was going to get a new mortgage and we were to be married. she never got the mortgage lived here for 5 months and never paid anything towards the home. we broke up and she moved out of state. she now will not come off the deed unless i give her 30 thousand dollars which i dont have and cannot refinance due to my poor credit. what can i do
3 Answers from Attorneys
Re: title or deed
Sue her to quiet title.
Re: title or deed
You're in a very bad spot. Unfortunately, you would have a to file a partition action, which forces that house to be sold and, unless the deed indicates otherwise, the profits evenly split between the owners. That's right, I said EVENLY split. She gets half the profits.
The answer to your question is, you can't legally remove her from the deed without agreeing to her terms or partitioning or selling the house.
Re: title or deed
How was she added to the deed? Did you deed it from yourself to the two of you. If not, it may be a defective conveyance. Be careful not to deed the property to anyone without the blessing of your lender as it may trigger a due on transfer clause.
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