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If your ex-boyfriend is on the deed to your California property, you generally cannot simply remove his name without his agreement. If he refuses to sign over his ownership interest, a partition action<\/a><\/strong> may allow you to legally end the co-ownership through a court-supervised sale<\/a> or buyout<\/a>.<\/p>\n Ex-boyfriend property disputes<\/a> are especially difficult when a breakup leaves you financially tied together through a house. Unfortunately, when both partners are on title, ending the relationship does not automatically end the property ownership.<\/p>\n If your ex-boyfriend refuses to cooperate<\/a>, refuses to sell<\/a>, or insists on remaining on the deed, California law provides a process for resolving the dispute.<\/p>\n Generally, you cannot simply sign your ex-boyfriend\u2019s name off the deed yourself.<\/p>\n If your ex-boyfriend is a legal co-owner of the property, he owns an interest in the real estate. Removing him from title usually requires either:<\/p>\n When both owners agree, the solution may be relatively straightforward. Your ex-boyfriend can transfer his interest using an appropriate deed as part of an agreed buyout<\/a> or other settlement.<\/p>\n The more difficult situation arises when your ex-boyfriend refuses to communicate<\/a>, refuses a buyout, or refuses to sell the property<\/a>.<\/p>\n That is where a partition action may become necessary.<\/p>\n If your ex-boyfriend refuses to voluntarily transfer his ownership interest, a California partition action<\/a> can generally be used to end the co-ownership.<\/p>\n California law gives co-owners a powerful and generally absolute right to partition<\/a> jointly owned real estate. Code of Civil Procedure section 872.710(b)<\/a> provides that partition of concurrent ownership interests is a matter of right, unless that right has been barred by a valid waiver<\/a>.<\/p>\n In other words, your ex-boyfriend generally cannot require you to remain his co-owner forever simply because he does not want to cooperate.<\/p>\n A partition action asks the court to resolve the ownership dispute so the parties can financially separate.<\/p>\n If you and your ex-boyfriend both own the property and he refuses to sell<\/a>, a partition action can generally result in the property being sold despite his objection.<\/p>\n This is one of the most common reasons former unmarried couples file partition actions<\/a>.<\/p>\n Without legal action, the dispute can continue indefinitely. A partition action provides a way to break that deadlock.<\/p>\n California Code of Civil Procedure section 872.210<\/a> generally permits a co-owner of real property<\/a> to commence a partition action<\/a>. The other owner\u2019s approval is not required simply to file the case.<\/p>\n Depending on the applicable procedure, a partition sale may proceed through an open-market sale, sealed bids, or auction<\/a>.<\/p>\n Potentially. Filing a partition action<\/a> does not necessarily mean the property will ultimately be sold to a stranger.<\/p>\n Many partition disputes are resolved through a negotiated buyout<\/a>. If you want to keep the house, you may be able to negotiate an agreement in which your ex-boyfriend receives the value of his ownership interest and transfers his interest to you.<\/p>\n In some circumstances, a co-owner may also be able to buy the property in the partition action<\/a>, rather than allowing the property to ultimately pass to a third-party purchaser.<\/p>\n Likewise, your ex-boyfriend may offer to purchase your share.<\/p>\n The important distinction is that a buyout generally requires an agreement unless a statutory procedure applies. Simply wanting to keep the house does not ordinarily allow one co-owner to unilaterally decide what the other owner\u2019s interest is worth.<\/p>\n The pressure created by a pending partition action can often help move otherwise stalled negotiations toward a resolution. In appropriate cases, a Code of Civil Procedure section 998 offer<\/a> may also be used as a settlement tool.<\/p>\n Paying more toward the property does not necessarily allow your ex-boyfriend to prevent the partition.<\/p>\n However, unequal financial contributions<\/a> can become important when the proceeds are ultimately divided.<\/p>\n Partition cases commonly involve an accounting between the co-owners. Depending on the circumstances, the court may consider claims involving expenses such as:<\/p>\n These claims are often referred to as partition accounting and offsets<\/a><\/strong>.<\/p>\n The seminal case of Wallace v. Daley<\/em> (1990) 220 Cal.App.3d 1028, 1036,<\/a> explained that partition includes an accounting so that the parties\u2019 financial interests can be adjusted as part of the action.<\/p>\n If a co-owner ultimately purchases the property, California law may also allow certain amounts owed to that purchaser to be taken as a setoff against the purchase price<\/a>.<\/p>\n The existence of an accounting dispute generally affects how money is distributed. It does not necessarily eliminate a co-owner\u2019s underlying right to end the co-ownership.<\/p>\n Usually, disagreement alone is not enough.<\/p>\n California\u2019s partition statutes generally provide co-owners with the right to end their concurrent ownership. Code of Civil Procedure section 872.710(b)<\/a> states that partition is generally available as a matter of right unless barred by a valid waiver.<\/p>\n A valid agreement limiting the right to partition or another recognized legal defense can create a different result, so the specific documents and ownership history should be reviewed by an attorney.<\/p>\n Ignoring a partition lawsuit generally does not make the case disappear.<\/p>\n If a defendant is properly served and fails to participate, procedures may be available to proceed toward a default judgment<\/a>.<\/p>\n Even situations involving an unreachable co-owner do not necessarily prevent partition. California law contains procedures for serving parties who cannot be located<\/a>, and the case may continue once the applicable requirements have been satisfied.<\/p>\n Simply refusing to respond is therefore generally not an effective strategy for permanently preventing the property dispute from being resolved.<\/p>\n If your ex-boyfriend is on the deed and refuses to sell, transfer his interest, accept a reasonable buyout, or otherwise end the co-ownership, you may not have to remain financially tied to him indefinitely.<\/p>\n Talkov Law\u2019s partition attorneys<\/a> focus on resolving disputes between California real property co-owners, including former unmarried couples who remain on title together after a breakup.<\/p>\n With partition actions handled throughout California, Talkov Law Partition Attorneys<\/a> can evaluate the deed, ownership percentages, financial contributions, occupancy history, potential offsets, and available sale or buyout procedures to determine the best path toward ending the co-ownership.<\/p>\n Call (877) PARTITION (727-8484)<\/a><\/strong> to speak with a California partition attorney<\/a> about removing your ex-boyfriend from the deed and resolving the property dispute.<\/p>\n<\/p><\/div>\n\n","protected":false},"excerpt":{"rendered":" If your ex-boyfriend is on the deed to your California property, you generally cannot simply remove his name without his agreement. If he refuses to sign over his ownership interest, a partition action may allow you to legally end the co-ownership through a court-supervised sale or buyout. Ex-boyfriend property disputes are especially difficult when a […]<\/p>\n","protected":false},"author":1,"featured_media":7068649,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[97],"tags":[531,39379,37155,229716,229717,229720,58812,229718,229719],"dealstore":[],"offerexpiration":[],"class_list":["post-7068648","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal","tag-california","tag-ccp-872-710","tag-deed","tag-default-judgement","tag-ex-boyfriend-property-disputes","tag-ex-romantic-partners","tag-exboyfriend","tag-remove-co-owner-from-deed","tag-unmarried-co-owners"],"yoast_head":"\nCan I Remove My Ex-Boyfriend From the Deed Without His Permission?<\/span><\/h2>\n
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What If My Ex-Boyfriend Refuses to Get Off the Deed?<\/span><\/h2>\n
Can I Force My Ex-Boyfriend to Sell the House?<\/span><\/h2>\n
Can I Buy Out My Ex-Boyfriend Instead of Selling the House?<\/span><\/h2>\n
What If My Ex-Boyfriend Says He Paid More for the House?<\/span><\/h2>\n
Can My Ex-Boyfriend Stop a Partition Action?<\/span><\/h2>\n
What If My Ex-Boyfriend Ignores the Partition Action?<\/span><\/h2>\n
Talk to a California Partition Attorney About Getting Your Ex-Boyfriend Off the Deed<\/span><\/h2>\n