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I am living with an, we both have our names on the morgage…

Customer Question
I am living with...

I am living with an ass, we both have our names on the morgage and deed. I have offered to give the house to him. He refuses to sign to take my name off. What can I do???

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

PA

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats all...

Submitted: 8 months ago.Category: Legal
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Answered in 7 minutes by:
11/20/2017
Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,572
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

This is one of the most common problems I see here where a couple break up and both parties are still on a mortgage. There are only 3 ways that someone can get their name off a mortgage. The first way would be if a lender voluntarily agreed to release the person from the mortgage in writing. This isn't very likely as the lender currently has 2 people on the hook for the mortgage. The second way is if the loan is paid off. And the third is if the loan is refinanced in only one party's name.

So unless one of the above could apply, both people are stuck on the mortgage until it is either paid, the house is sold and it is paid, or it is refinanced.

However, if both people are still on the deed, and ex hasn't been able to refinance, the other person could file a lawsuit with the court to have the property sold at public auction to pay off the mortgage. This is called a "partition" lawsuit.

.

.

thanks

Barrister

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Customer reply replied 8 months ago
Thanks, ***** ***** I will be held hostage in my own home. He can't afford it but he won't sign off on it.
Lawyer: Barrister, Attorney replied 8 months ago

You are very welcome. I am sorry that you don't have more options here, But if there is any equity in the home, you could always force a sale of it as the proceeds would be used to pay off the loan with any surplus being divided between the two of you..

.

.

thanks

Barrister

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Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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