QUESTION

How can I get out of a mortgage?

Asked on Dec 08th, 2013 on Divorce - California
More details to this question:
I own a house with my ex-boyfriend. I want out but he refuses to sell and won't refinance under his name. Is there anything I can do legally? I am not interested in refinancing in my name either.
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7 ANSWERS

This is properly a real estate question. You should consult with an experienced real estate lawyer in your area. If there is equity in the property this may require an action to have the real property sold, so you may get your equity from the home, I believe this is called a partition action. Again, consult with an attorney who is experienced in this type of matter.
Answered on Dec 12th, 2013 at 9:46 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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You can sue and ask a court to order the property sold for division if the two of you can't split the house in such a way as to make each part usable, and if it's a single-family house you probably can't. Maybe when he gets papers from your lawyer he'll talk to one himself and learn that the law allows you to force the sale.? Otherwise it's not likely to be cheap or fun.
Answered on Dec 12th, 2013 at 9:46 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You can see an attorney, without the details advise is impossible, and very likely wrong.
Answered on Dec 12th, 2013 at 9:45 PM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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You can file an action to force sale or refinancing.
Answered on Dec 12th, 2013 at 9:45 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Sue him for "partitioning" the house.. e.g. your 1/2 of the equity, and to remove your name from the mortgage.
Answered on Dec 12th, 2013 at 9:44 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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I suppose you could go to court and ask for a partition of the property which should result in an order to sell the property. Is there enough equity in the property to pay your attorney fees? I can't think of anything else.
Answered on Dec 12th, 2013 at 12:33 PM

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Your only alternative is to sell the property.
Answered on Dec 12th, 2013 at 5:06 AM

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