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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102144
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

Customer Question

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: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year 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 1 year ago.
We were together for 17 years however never married or entered into a domestic partnership
Expert:  Ely replied 1 year 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.
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