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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29012
Experience:  30 years of real estate practice experience.
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Girlfriend and I bought house together last December(both

Customer Question

Girlfriend and I bought house together last December(both parties needed to get the loan), separated in August and I had to move out because I could not afford it alone, but she could. She is refusing to refinance the loan, until she is good and ready, so I can be taken off the Mortgage. What can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

You have the leverage here. If she will not get you off the loan, you can force a sale of the house by filing a suit for partition. This is the way this works......When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale without the suit to avoid the costs of the suit. Thus, it's highly unlikely you would have to actually go through with this suit once she understands the options available to her.

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Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Do you wish to continue owning the property or would you like her to buy out your interest?

Expert:  Loren replied 1 year ago.

Are you there?

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