QUESTION

He's not on the mortgage, we aren't married can I ask him to leave the house?

Asked on Oct 12th, 2017 on General Practice - Tennessee
More details to this question:
I bought a house while in a relationship with my fiance. I am the only one on the mortgage but he has put some money into help remodel. We are in the process of separating after a committment ceremony. He claims that he is part owner of the home and I can't ask him to leave. Can I ask him to leave the home or will it be a legal battle?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Anyone can ASK anyone else to do anything.  If the other party refuses, regardless of whether that refusal is justified, there will be a legal battle.  As for who would win that legal battle, it is impossible to predict without knowing a lot more facts, especially how title is held, and if you ever had any agreement about ownership.  If you are the only title holder and had no agreement that he would co-own the house, I think it most likely (again, there may be many relevant circumstances of which I am unaware) that you would be granted sole possession of the house, but would have to repay him for his contributions to its value.
Answered on Oct 13th, 2017 at 10:35 AM

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