I want to get my name off a mortgage loan but the other person won’t refinance.

UPDATED: Oct 1, 2022

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I want to get my name off a mortgage loan but the other person won’t refinance.

Me and my ex-wife bought a beach condo before we got married and we got a divorce
and she wants the condo but she says she not able to refinance but I want it off
ASAP, how can I do that?

Asked on January 11, 2019 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only get your name off if the mortgage is paid off or refinanced. If she cannot or will not refinance it, you can compel the sale of the condo by bringing a legal action in county court traditionally called an action "for partition" (your state may have a different name for it) seeking a court order that the condo be sold and the proceeds (after paying off any costs of sale and mortgages) be divided amongst the owners. A forced sale is the law's recourse when the owners cannot agree as to what to do with the property.

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