Removing a person name from title deed that will not sign the Quit Claim Deed

Hi tbynumus!

Welcome to forums!

You cannot remove your partner's name from the property deed without his signatures. As he hasn't agreed for the buy out option you gave him, you can now file a partition lawsuit. If the court finds the lawsuit valid, they would order the sale of the property. Once the property is sold off, your mortgage dues will be paid off first. If there's any amount left, then it would equally divided between both of you.

Feel free to ask if you've further queries.

Sussane

Sussane and others , thanks for the insight on my posted questiong. I have other questions that I hope that someone can help me with. My first question is regarding the furniture and property that was in the house. Some of my relative expensive furniture for me was taken by my ex-partner. The police drpartment stated that this is an area they can not intervene because the furniture is in both even though I purchased the furniture with my funds is our home and he can do what he desire with the furniture as the property owner also. I was informed I could take him to small claims court to sue for the amount the furniture cost me. We were a same sex couple without a commiment ceremony or contract. Texas is a community property state and he feels that he has a right to the furniture or at least half interest so he took it. I can not stop him from coming to the house that is part his property per the police officer or can I even though he has moved out? As a precaution, I have placed the furniture I have left in storage because of threats to take it also. I am currently working and he is not so he moved his things and took my things while I was at work. He still come to the house during the da taking things. I am also noticeing that some of my clothing items are being taken. He has access to the house and of course my obvious thought is that he took them. I am not going to be able to afford maintaining the storage and mortgage. I want to bring my things out of storage and put it back in the home until it is sold to maintain the mortgage but I am afraid and it is likely that he will come and get it and there is nothing tht I can do to stop that from happening or is there? My last questions that is regards to comunity property laws for married individuals, they can have separate property that have been obtained with direct tracable separate property funds. The funiture was purchased with funds I received as a bomus from y employer which is a gift out side of my salary for my performance. I understand that gifts also can be separate peoperty under communty property laws. Others things were purchased with Disability insurance for my children that I have to give an account that the monies received are spent on the children. I am keping recepts of the things I buy but he took my daughters' bed room firniture. If I am held to community property laws in Texas. My only option will be to sue again from what I know. Please plrovide me some more guidance and thanks so much for the help I have already received. :(

Hi tbynum,

I can understand that you are facing a tough situation. It would be better if you could consult an attorney who is an expert regarding community property laws and take his opinion in this issue. He will be the best person to let you know about what steps you can take to stop your partner from taking away furniture from your home. As far as I know, gifts are not a part of the community property.

Thanks

My husband was already incarcerated when we married and he did not have a penny to his name. I worked hard all through our marriage to get the things i wanted in the house. Now we are getting divorced what is he entitled to. He is still in prison. Vanessa Robinson

Hi vanessa,

If your husband has not contributed to anything, then he is not entitled to receive anything. However, if his name is on the property deed, then he would be able to claim his ownership in the property.