Legal Question in Real Estate Law in Washington

cohabitation split-up

My boyfriend and I bought a condo together. We were planning on getting

married. Both our names are on the title and mortgage. Shortly afterward I

discovered he was using drugs. Meth to be exact. He was also trying to make

it in the condo. (Which is not only against the law, but also against condo

association rules). I have finally given up that he will do something about his

problem. He has caused some damage to the condo because of what he is

doing. I want him out, obviously. How do I get the condo in just my name so

in case his credit takes a dive, his creditors can't put a lien on the condo? I

know about a Quit Claim Deed. It's just convincing him to do that will b

difficult. If things get ugly and I have to have him arrested, what can I do then

to get sole ownership of the condo, if any?


Asked on 7/22/04, 3:34 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: cohabitation split-up

You cannot take the condo away from your boyfriend just because he is doing drugs. However, one quick option you may have is to buy out his half of the condo by refinancing the condo and having him execute a quit claim in the process. It would be difficult to force him to do this as well, however, if all he cares about it meth., then I am sure the allure of all that cash will do wonders for the negotiation.

In terms of his making meth. in the condo, you can obtain a restraining order against him, based on his endangering you in the condo by making meth. If you win, he can be forced to leave the condo, but that won't remove his name from the title.

You can try and get a judgment against him for the damage to the condo.

Another option to protect you from his creditors trying to come after the condo, is the automatic homestead exemption of $40,000 in Washington. So long as the net value in the home does not exceed the $40,000 homestead exemption, the creditors may place a lien on the property, but won't easily be able to execute on it.

My ultimate recommendation is that you try and buy our your boyfriend's half share, minus the damage he caused the condo, and that you immediately seek to get a restraining order to remove him based on the dangers of making of meth. in your condo. Call me whenever you'd like and I would be happy to assist you with both of these tasks. (206) 223-9510

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Answered on 7/22/04, 4:22 pm


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