QUESTION

I purchased a home almost 5 years ago with the guy I was dating at the time, now I need to get my name off the mortgage.

Asked on May 07th, 2012 on Real Estate - Florida
More details to this question:
I purchased a house with a guy I was dating and now almost 5 years later I am still fighting with him to remove my name from the mortgage. I have gone as far as to have the refinance papers shipped to me and he will not fill them out and send them in. If I hire a lawyer can I force him to sell the property? Or force him to take my name off of the mortgage?
Report Abuse

1 ANSWER

I think you probably mean that you want to get off of the promissory note as that is the obligation to repay the amount of money. Being on the mortgage usually goes along with being on the note if you are a co-owner of the property, although sometimes promissory notes are given just in an individual name and joint owners sign the mortgage just to allow the mortgage lien to attached to jointly owned property. But being on the mortgage loan usually does not result in any additional liability for you if you are no longer an owner of the property. Unfortunately the only way to get yourself off of the note is to have the loan refinanced. It is rare that a lender would allow a note signer to be released from the note obligations unless the remaining owner gave some additional collateral or security for the loan. If you are still a co-owner of the property, you are entitled to force a sale through something called a partition action. This may not result in the best sales price, and sometimes can result in the other owner sabotaging the house and/or the process through noncooperation, trashing the house, etc. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.  
Answered on May 08th, 2012 at 4:44 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters