How do I get my girlfriend’s name off the deed when I refinance the house we bought together?

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How do I get my girlfriend’s name off the deed when I refinance the house we bought together?

We bought the house 2 months ago. She wants her name off the mortgage and is moving out. I want to make sure her name come off the deed when I refinance.

Asked on May 22, 2019 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

She would have to deed, such as quitclaim deed, her interest to you at the time of the refinancing. Refinancing alone does not remove someone from a deed; they must transfer their interest to another person voluntarily. You and she should enter into a signed agreement before hand that in exchange for you refinancing the mortgage in your own name only, and so removing her from liabilty for it, she will quitclaim all her interest in the property to you; by having a signed agreement, if she suddenly refuses to do this, you could sue her to force her to do what she agreed. Then at the time of the refinancing, she needs to execute and you need to file a quitclaim deed. 


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