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

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

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.

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.

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!

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.