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

This is a situation where the deed and the loan are two separate things, and that distinction matters. The quitclaim deed removed his ownership interest in the property. He no longer has a claim to the home or its equity. You own it free and clear as far as the title is concerned. The mortgage is a separate obligation. The quitclaim deed does not remove him from the loan. He's still financially responsible for the debt even though he doesn't own the property anymore. The lender doesn't care about deed changes unless the loan is paid off or refinanced. When you sell, he does not need to sign the deed because he already quitclaimed his interest. He has no ownership to transfer. However, some title companies may require his signature on certain closing documents depending on your state's laws and the lender's requirements. Check with your title company or attorney before listing to find out if any involvement from him is needed at closing. Is he entitled to any of the sale proceeds? Based on what you've described, no. He signed away his ownership interest via the quitclaim deed. You've been making all the payments for eight years. Unless there's a separate written agreement between you that says otherwise, the proceeds are yours. But consult a real estate attorney in your state to confirm, especially if the quitclaim deed language is ambiguous or if he might try to claim otherwise.

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.

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!

This would depend on the agreement you have. If you do not have one, then you would keep the proceeds (given the current available data you supplied). Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

What matters is title, not the loan. If he signed a quitclaim deed and his name is no longer on the title, then he’s typically not entitled to the sale proceeds. The person on title owns the equity. Being on the loan just means he’s still responsible for the debt with the lender. It doesn’t give him ownership rights to the property. In most cases, he wouldn’t need to sign anything to sell if he’s truly off title. The closing attorney or title company will confirm that. One thing to be careful with is any side agreements you may have had when he signed the quitclaim. If there was an understanding about equity, that could come into play. It’s a good idea to have a real estate attorney or title company quickly review the title before you list, just to be sure everything is clean.

A quitclaim deed conveys whatever ownership interest the grantor has, so if your ex signed one giving you his interest, you should now be the sole owner of record. That means the proceeds from a sale generally belong to you and he would not automatically be entitled to a share. However, being off title and being off the mortgage are two different things. Because he is still on the loan, the lender has a lien against the property. Most lenders require all borrowers to sign at closing to release that lien, even if they no longer own the property. To remove him entirely from the loan you would need to refinance in your name only or pay off the loan through the sale. In practical terms, you should disclose to your listing agent and closing attorney that there is a former co‑borrower. The title company will confirm that the quitclaim deed was recorded properly and advise whether your ex must sign payoff or closing documents. In many cases the sale can proceed as long as he signs the mortgage payoff paperwork, and he does not receive sale proceeds since he no longer has an ownership interest. Because the rules vary by state and the facts around your purchase and quitclaim matter, it’s wise to consult a real‑estate attorney in your area. They can review your deed, mortgage and any separation agreements to ensure the sale is handled correctly and that you alone receive any net proceeds.

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

Hi Eileen, This is a great question—and you’re smart to get clarity before putting your home on the market, because situations like this can have a few important legal and financial nuances. Here’s how this typically works: 1. Ownership vs. Loan (These are two separate things) When your ex signed a quitclaim deed, he most likely gave up his ownership interest in the property. That means: • You are now the sole owner (assuming the deed was properly recorded) • He no longer has a legal claim to the property itself However, as you mentioned, he is still on the loan, which is completely separate from ownership. The lender doesn’t automatically remove someone just because they signed off title. ⸻ 2. Does he need to sign anything to sell? If the quitclaim deed was properly executed and recorded: • No, he typically does not need to sign the listing agreement or seller documents • You should be able to sell the property on your own as the sole owner That said, title will confirm this during escrow to make sure there are no remaining claims or clouds on title. ⸻ 3. Is he entitled to any of the proceeds? In most cases: • If he legally gave up his ownership via quitclaim, he is not entitled to proceeds from the sale • The proceeds would go to you as the current owner However (and this is important): • If there was a separate agreement between the two of you (written or even implied), or • If he later disputes the transfer …it could open the door to a claim, though that’s more of a legal matter than a real estate one. ⸻ 4. What about the loan still being in his name? Even though you’ve been making the payments: • The loan will still need to be paid off in full through escrow when you sell (which is normal) • His name being on the loan does not prevent the sale ⸻ 5. Smart steps before listing (highly recommended): To protect yourself and ensure a smooth transaction: • Confirm the quitclaim deed was recorded correctly • Have a preliminary title report pulled • Consider a quick consult with a real estate attorney if there’s any uncertainty about past agreements • Work with an experienced agent who can spot and resolve any red flags early ⸻ Bottom line: If the quitclaim deed was done properly, you should be able to sell the home on your own and retain the proceeds—but it’s worth double-checking everything upfront so there are no surprises during escrow. ⸻ If you’d like, I’m happy to take a quick look at your situation (completely confidentially), help verify how title is currently held, and walk you through exactly what your net would look like if you sold. I deal with scenarios like this often and can help make sure it’s handled cleanly from start to finish. If you would like my help, you can reach out to me directly through my website. www.bobarthurgroup.com

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.

Because your situation involves title rights, a quitclaim deed, and loan obligations, it’s a legal question that’s state-specific. To get a reliable answer, you’ll want to speak with a licensed real estate attorney in your state.

If your boyfriend signed a quitclaim deed giving up his ownership interest, then he no longer has rights to the property or proceeds from its sale. That means the home is legally yours, and he would not be entitled to money when you sell. However, because he is still on the loan, the lender still views him as financially responsible for the mortgage until it’s paid off, refinanced, or the home is sold. When you go to sell, only the deed owner(s) need to sign to transfer title, so you would be the one signing as the seller. The loan will be paid off at closing from the sale proceeds, which removes both you and him from that debt. Recommendation: Verify the recorded deed to confirm you are the sole owner. Next step: Speak with your title company or a real estate attorney before listing, to ensure there are no lingering ownership claims or title issues.

I see that this question came up several years ago, but if anyone else is in the same boat, please know since in this case your boyfriend signed a quitclaim deed over to you, then he will not receive any proceeds on the sale of the home. All proceeds will go to you. If he was still on the deed, that would be a different story and he would need to sign at closing and would be entitled to a portion of the sale.

Only if he is on the deed, or if you choose to "give him" some of your proceeds.

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.