Legal Question in Real Estate Law in Texas

My ex fiance and I still own a house together, he has had many people rent it out without my permission and has even been 3 months late on the mortgage payment. I have asked him several times to get it out of my name and he has put it off. Is it legal for him to rent it out without my consent? Not sure what to Do.


Asked on 5/10/11, 10:44 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The only way to "get it out of [somebody's] name" is for one party to deed his interest to the other party. You can do this, or he can do this, with a Quitclaim Deed or a Special Warranty Deed.

However, if you both signed the PROMISSORY NOTE, you're still both liable for the monthly payments. To take care of this, one of you would have to refinance.

More drastic remedies are:

1. You can file for bankruptcy.

2. You can sue your ex-fiance for partition.

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Answered on 5/12/11, 7:01 am


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