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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101049
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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In 2007 I purchased a property with my ex- partner. We were

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In 2007 I purchased a property with my ex- partner. We were in a 50% tenants in common title. In 2014 we got into a domestic altercation and have since separated. I lost control and got physical something I deeply regret. In 2015 she asked me to sign a quit claim and I did. However she has still not removed my name from the mortgage obligation and I have not been in the home since 2014. How do I get my name removed from the mortgage? Please help.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation, H. Can you please clarify for me if you were ever formally married or registered a partnership, or this was all informal?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 8 months ago.
We were together for 17 years however never married or entered into a domestic partnership
Expert:  Ely replied 8 months ago.
Thank you. On this website, I do not always get to give good news, and this is one of these times.
A mortgage situation can have a party in two positions:
1) As a deed-holder (one who holds the interest); and
2) As a mortgagee (one who pays for the mortgage).
Often, the party holds both positions, but, this is not true 100% of the time. For example, a rich uncle wants to spoil his niece and purchases her a home, but, he keeps himself as a the mortgagee but she receives the deed.
Here, you quit claimed the deed to him. That means you are no longer a deed-holder. However, you are still a mortgagee.
If you were married and filed for divorce, the Court would have ordered him to refinance the home within a certain amount of time into his name, only.
However because you were never married, this is not an option. I am afraid that unless he AGREES to refinance into his name only, there is no way to do this.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
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