I see. Thank you for clarifying the situation for me, George.
Refinancing and having her ex sign a quit claim deed transferring the property to her is normally the best solution under these circumstances. However, if refinancing is not feasible, her ex may be willing to sign title over to her with a promise to pay a sum of money representing his interest in the property.
The only problem with that, is the loan agreement may have an acceleration clause if they attempt to transfer the property, but if she remains current on the mortgage, the lender will not typically exercise their right to accelerate the loan. But it is best to review the loan documents to see whether they have reserved such a right.
Another option is for your daughter and her ex to simply execute an agreement setting out the amount he agrees to be paid from the proceeds of any sale, which could be used against him if he attempted to assert a greater interest at a later date. That way your daughter would not have to worry about the lender accelerating the loan while having some reassurance that he will not seek 50% of the proceeds from the sale of the property when it is sold.
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!