This can be a difficult question. In general, the decision to have your name removed from a note and mortgage is up to the lender, and unless the lender agreed in advance to the removal under certain conditions, they are not obligated to do so. The solution then as you suggest is to force your partner to refinance. Was there an agreement between the two of you that the partner would refinance? If there was no agreement, then on what basis and for what consideration did you sign a quitclaim deed? In other words, there may even be an implied agreement based on the circumstances of your signing of the quitclaim deed.
If your partner refuses to refinance, I suggest you consult with an attorney who can advise you about the costs, process and probability of success for a lawsuit in this circumstance.
Answered on Jan 20th, 2012 at 1:44 PM