Name on Deed Without Signature

[jgm8530]

A friend and I took a co-mortgage on a home in WV. She
decided to put her boyfriend on the deed although he is not
on the mortgage and they did not acquire my signature. She
ended out moving out of the house and now he is living
here. They have agreed to continue splitting their half of
the mortgage payment, but I'm now supposeed to collect his
portion and he does not pay on time. 1) Is it legal that
he's on the deed without my signature? 2) What are my
options other than a partition suit? Is there grounds for
eviction?

[Mr. Knowitall]

If you're stating that she conveyed part of her own interest in the property to her boyfriend, absent a restriction that would prevent her from doing so, she can convey part or all of her interest. It can be reasonably inferred from your question that nothing in the deed restricts her right to convey her interest, and that you don't have any contractual agreement relating to your co-ownership. If there are additional facts you should add, add them. The conveyance may have violated the terms of the mortgage, but that's something the lender (not you) would enforce, and their remedy would typically be to accelerate the mortgage (make it payable in full).

If you want to get rid of a co-owner and don't want to file a partition suit, you negotiate to buy your co-owner's interest.

[jgm8530]

The other option I considered is that she have him sign a quit claim, which she would be likely to do, but he would have to sign it too. However, I'm not sure whether or not he could be compelled to do so.

[jk]

The other option I considered is that she have him sign a quit claim, which she would be likely to do, but he would have to sign it too. However, I'm not sure whether or not he could be compelled to do so.

No, neither you or the other original owner can compel the BF to sign anything.