My Boyfriend Is Moving Out of Our Townhome

Question: My boyfriend and I own a townhome in Scottsdale. He has a new girlfriend and is moving out next month into a new apartment with his girlfriend. Although my boyfriend paid the $12,000 down payment, we have been splitting the mortgage payments, and the costs of repairs and maintenance of the townhome. I think my boyfriend feels guilty because he said that, if I can make the mortgage payments, I can keep our townhome without paying him anything. What do I need to do, and when should I do it?

Answer: First, get an email, text, or something in writing immediately from your boyfriend…before he changes his mind.  Second, have your boyfriend execute a quit claim deed to you for the townhome. Third, take the quit claim deed to the title company for recording.  Before recording, you should get title insurance from the title company to confirm that you will own the townhome without any unknown liens, e.g., a judgment lien on your boyfriend’s ½ interest in the townhome by a credit card company for your boyfriend’s unpaid credit cards.

Note: If you delay and your boyfriend dies before the recording of the quit claim deed, your boyfriend’s heirs will get his ½ interest in the townhome, unless you hold title to the townhome now as joint tenants with rights of survivorship.

What about the mortgage, you ask? Take a look at a this related article.