How canI get off of a mortgage without consent of the other person on mortgage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How canI get off of a mortgage without consent of the other person on mortgage?
I purchased a house with my boyfriend and we are no longer together. I would like to move out (and he would like me to move also) but he will not sign anything allowing me to remove myself from the mortgage. Is there any legal waythat Ii can remove myself off of the mortgage with out his consent?
Asked on September 12, 2010 under Real Estate Law, Washington
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfotrtunately, without the consent of your boyfriend there is nothing you can do without court intervention. The only option you have is to file a partition action in the court of jurisdiction in your state. THis is an action asking that you be removed from the deed and mortgage in some capacity, either by your boyfriend taking over the house or the sale of the house. This can be a costly process depending on the court costs and legal fees and in today's market you may end up losing money. However, be aware that until you work something out with him or have a court order, you moving out may not preclude your ex from making you pay half of the mortgage so do not leave until you have consulted an attorney in your arear about your options.
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 AttorneyPages.com 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.