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Me and my ex girlfriend had bought a house 2 years ago and now have broken up.
The bank will not release me from the liability of house due to she does not make
enough to pay for the home on paper. She has agreed to do a contract with me to
for forfeit my right and payments to the home,but wanted to know how this could
go wrong if she decides to stop paying on the house.

Asked on March 19, 2018 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Any contract between you and her has NO effect on your obligations to the bank: you cannot take away your obligations to the bank or the bank's rights to sue you for money by an agreement that the bank does not itself agree to and is not part of. So if she does not pay, a default can be reported against your credit and the bank can sue you for the money due under any mortgage, HELOC, etc.
You are better off selling the house, paying off the loan, and then splitting any proceeds (if there is any money after paying off the loan) with your ex. If she will not voluntarily agree to do this, there is a kind of legal action, commonly called an action "for partition" (though your state may have a different name for it) which can be brought to force the sale. A real estate attorney could help you with this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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