If I sell my home, will my boyfriend receive part of the sale?

Hi Eileen, I hope everything went smoothly for you concerning the sale of your home. For anyone in a similar situation, it is always good to check with a real estate attorney to make sure you understand the laws in your state. I have a lot of experience with Fidelity National Title and they are very helpful. I am sure other Title Companies are as well. Often times you can call a local Title Company and ask them what the process is is such a scenario a so you can mentally prepare yourself and your ex in advance in case a signature is needed from the ex. Feel free to reach out to me if you have other real estate questions.

A quick clam deed just relates to the title. If both of you were on the mortgage, you are both equally responsible for it. What I have seen happen, is that generally with the proceeds, both parties come to some kind of an agreement as to what should be paid to whom.

Hi there Eileen,
Since you were not married and your former boyfriend signed a quitclaim, you should be good to go. Depending on the state, the escrow/title company may need additional information to clear the quitclaim. He is not entitled to the proceeds of the sale. He is however on the hook for the loan as it was signed with what is called joint and several liability. This will go away when the loan is paid off. Happy to help!

A quitclaim deed conveys whatever ownership interest the grantor has, so if your ex signed one giving you his interest, you should now be the sole owner of record. That means the proceeds from a sale generally belong to you and he would not automatically be entitled to a share.

However, being off title and being off the mortgage are two different things. Because he is still on the loan, the lender has a lien against the property. Most lenders require all borrowers to sign at closing to release that lien, even if they no longer own the property. To remove him entirely from the loan you would need to refinance in your name only or pay off the loan through the sale.

In practical terms, you should disclose to your listing agent and closing attorney that there is a former co‑borrower. The title company will confirm that the quitclaim deed was recorded properly and advise whether your ex must sign payoff or closing documents. In many cases the sale can proceed as long as he signs the mortgage payoff paperwork, and he does not receive sale proceeds since he no longer has an ownership interest.

Because the rules vary by state and the facts around your purchase and quitclaim matter, it’s wise to consult a real‑estate attorney in your area. They can review your deed, mortgage and any separation agreements to ensure the sale is handled correctly and that you alone receive any net proceeds.

Hi Elieen,

I would speak with a real estate attorney for legal advice and also check with your local title company. The answer could also change depending on where you live, for example here in Arizona we are in a community property state. Best of luck, Spirit

Hello Eileen, he is not getting anything if he is not on tile, please reach out to me I can explain better over the phone - Alfred

Great question Eileen,
In order to insure the Title, the Title Insurance company will request an signed Affidavit from your ex-boyfriend. In California if you were together for 10+ years you may be considered married. Talk to an attorney.

Because your situation involves title rights, a quitclaim deed, and loan obligations, it’s a legal question that’s state-specific. To get a reliable answer, you’ll want to speak with a licensed real estate attorney in your state.

If your boyfriend signed a quitclaim deed giving up his ownership interest, then he no longer has rights to the property or proceeds from its sale. That means the home is legally yours, and he would not be entitled to money when you sell. However, because he is still on the loan, the lender still views him as financially responsible for the mortgage until it’s paid off, refinanced, or the home is sold. When you go to sell, only the deed owner(s) need to sign to transfer title, so you would be the one signing as the seller. The loan will be paid off at closing from the sale proceeds, which removes both you and him from that debt.

Recommendation: Verify the recorded deed to confirm you are the sole owner.
Next step: Speak with your title company or a real estate attorney before listing, to ensure there are no lingering ownership claims or title issues.

I see that this question came up several years ago, but if anyone else is in the same boat, please know since in this case your boyfriend signed a quitclaim deed over to you, then he will not receive any proceeds on the sale of the home. All proceeds will go to you. If he was still on the deed, that would be a different story and he would need to sign at closing and would be entitled to a portion of the sale.

Only if he is on the deed, or if you choose to "give him" some of your proceeds.

Great question, Eileen!

It is important to check with a trusted attorney about this to be sure you have the proper information. Based on what you stated, I would think you have what you need to sell the property without any involvement from the past boyfriend. It appears he gave up any rights to the Property (or money related to its sale) when he signed the Quitclaim. Even though he may have given up any claim to the Property, it is entirely possible that having his name on the mortgage has hindered his efforts to secure loans for himself. Thus, he may be quite relieved to have that debt / obligation on his credit go away.

Hi Eileen, assuming the quitclaim deed was properly filed with the county you live in you should be ok. The title/escrow company will most likely need to get in contact with your boyfriend to sign an authorization to obtain a payoff from the lender so just be aware of that.