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    McLaren081's Avatar
    McLaren081 Posts: 1, Reputation: 1
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    #1

    Jun 13, 2007, 12:32 AM
    Can I force my former roommate off title due to abandonment?
    My former roommate voluntarily moved out of the condo we purchased together. We purchased the condo 7-1/2 years ago, and he moved out a little over 6 years ago. Since then, he has not paid a cent toward the mortgage or taxes owed on this place. His name HAS remained on title and on the mortgage. He has NEVER expressed even the slightest interest in this place since he moved out. Now my wife and I want to sell the place, and he is trying to take half the equity. What are my rights? Can I have him removed from title due to abandonment? (We live in Washington State.)
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jun 13, 2007, 03:14 AM
    What you should have done before he moved out, that is if you knew his intentions, was buy him out of his portion and have his name removed from the mortgage and the title. I guess he has recognized a 'cash cow' and is taking advantage of this opportunity.

    I think you should consult a lawyer with this problem, since he is on the mortgage and title and when you put the condo up for sale, upon receiving offers, they will have to be signed off by this person as well.

    I don't know how you will co-ordinate that effort unless you buy him out now and have a clear road to selling it as you like.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 13, 2007, 05:38 AM
    As long as his name is on the title, he has to sign off on any sale. So you have to deal with him. You cannot force him off the title. I agree you need to consult an attorney.

    I assume that you had some agreement when you purchased the place. What I would do is sue him for his share of the mortgage payments and taxes that have gone unpaid for the past 6 years. If you obtain a judgement against him (and you should as long as you can show an agreement to share), then you can take it out of his share of the sale. Just the threat of a suit, might get him to accept a settlement or buy out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 13, 2007, 06:00 AM
    Yep, there is no getting him off the title, expect to buy him out.

    And you can not sell without their signing for the sale.

    As Scott said, you should have had some written agreement when you bought the property together, you are basically bound by it.
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