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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102601
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello, I have a home loan and me and my ex-girlfriends names

Customer Question

Hello, I have a home loan and me and my ex-girlfriend's names are XXXXX XXXXX the loan. She no longer lives there and has not paid a dime towards the house in over a year. Is there an easy or inexpensive way to get her name off the loan without going through the trouble of refinancing?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Ely replied 6 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. Understand that here, her name is XXXXX XXXXX things:

1) Contract
2) Deed to property.

If she is in agreement to take her name off the title deed, then she can quit-claim her interest to you. Then, she would still be liable for the payments because her name is XXXXX XXXXX contract, but she would not have any right to the property. Of course she would likely only do this if you promise to make all the payments and she trusts you, for while losing the right to any property, she still remains liable if you do not continue to pay.

Aside from that, then there is no way to take her name off without refinancing the property, I am sorry to say.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Ely and other Real Estate Law Specialists are ready to help you
Customer: replied 6 years ago.

That was very helpful. Just one point to clarify, which is the one of her liability for payments (which is of course, her main concern). There is no other way to get her name off the contract (or loan agreement), other than refinancing? Is that correct?

Expert:  Ely replied 6 years ago.
Yes, that is correct. Once she signed that contract, the mortgage company can hold her liable unless they agree to release her, which typically happens in a re-financing.
Customer: replied 6 years ago.
Is there any legal action I can take towards the bank to get them to release her off the loan/contract other than refinancing? Even if I have a cosigner willing to take her place?
Expert:  Ely replied 6 years ago.
Hello,

I am sorry, but no. She signed a lawful contract with the bank - they do not have to release her unless they wish to.
Customer: replied 6 years ago.
Sorry I meant to hit reply and not accept. That was very helpful. Just one point to clarify, which is the one of her liability for payments (which is of course, her main concern). There is no other way to get her name off the contract (or loan agreement), other than refinancing? Is that correct?
Expert:  Ely replied 6 years ago.
Correct, indeed.