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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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If my name is XXXXX XXXXX mortage with someone else and they want my name off it dont they

Customer Question

If my name is XXXXX XXXXX mortage with someone else and they want my name off it don't they have to buy me out. this mortage has been paid from a joint account with both our names on it. She states she will hire a forensic accountant to prove that she owes me nothing. we were together for 17 years over the last 2yr I was unable to pay much into the joint account but before that I did every 2wks.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

First, you must distinguish between the mortgage and the title. Being on the mortgage is not something that I would prefer, so if she wants you off the mortgage, then I would readily agree. The mortgage has nothing to do with ownership. The mortgage has to do with liability for the debt. In other words, you can own property and not be on the mortgage (and vice versa). Having said that, the lender is unlikely to agree to remove you from the mortgage because from the lender's perspective, the more people that are liable for the mortgage, the better.

With regard to the title, she cannot remove you unilaterally. You would need to deed your interest in the property to her (or somebody else).

At best, if she wants to force a sale of the property, then she may be able to argue that she should get a little more equity since she's been paying for the past 2 years. But you'd still be entitled to anything that you would have been entitled to prior to the last 2 years.

I hope that helps. Let me know if you need clarification, and please remember to rate my answer (positive feedback is most appreciated).

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