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What are my options on getting out of a mortgage with a fiancee…

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What are my options on...
What are my options on getting out of a mortgage with a fiancee which a 10 year relationship has ended?
Submitted: 3 years ago.Category: Legal
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Answered in 8 minutes by:
6/19/2015
Lawyer: Lucy, Esq., Attorney replied 3 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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Hi,

My name is ***** ***** I'd be happy to answer your questions today.
When both names are ***** ***** property, there are three options.
1. You can buy her out by paying half the equity and refinancing in your name.
2. She can buy you out the same way.
3. A judge can order that the house be sold to pay off the mortgage and any equity be split 50/50.
Note that if both parties have the means and the desire to buy out the other, the judge usually won't choose one - he'll order it sold to a third party. If there are repairs that need to be made in order to get full value for the house, the parties usually will have to split the costs. In some cases, one party can front the cost but then get repaid half after the house is sold.
If the two of you can agree to sell the house, then there's no need to go to court - but make sure there's a written agreement that's clear about who (if anyone) lives in the house until it's sold, who pays for taxes, insurance, the mortgage, etc., who pays for repairs (if they're being done), and things like that. That way, if she doesn't do what she's supposed to do, you have proof of the arrangement.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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