Mon
14
Dec
orange c asked:
My ex-fiance and I purchased a home together. I want my name off of the mortgage and he is dragging his feet.
Can I hire an attorney to make him sell or refinance?
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Monday, December 14th, 2009 at 5:31 pm
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December 16th, 2009 at 4:17 am
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Yes you definately can and should.
December 16th, 2009 at 6:29 pm
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There’s nothing you can do. As long as you got your portion of the home’s value he can’t be forced to sell or refinance the house.
My brother’s been on his ex’s mortgage for over 15 years.
December 17th, 2009 at 8:24 pm
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It depends on the state and the specific circumstances. You should really contact an attorney on this one.
December 19th, 2009 at 10:18 am
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*You* can’t make him, no, but a judge can. It’s called a forced partition.
You’d need to persuade the court that the agreement under which you purchased the property clearly called for one party or the other to be able to back out of the deal, though.
In ‘most’ cases like yours, the purchase is entered into in the assumption that you’ll both stay on the mortgage and the title, since you were planning on marrying. If you DID make arrangements for “What happens if we break up before the marriage?” then you can ask a judge to enforce those arrangements. If you didn’t, then you’re stuck in the deal until you can both agree to end it.
I see numerous ex-boyfriend/girlfriend pairs in this situation, especially now in a falling market. This, unfortunately, is the risk you take when you choose to financially ‘get into bed’ with someone with whom you’re also literally ‘getting into bed’, when you’re not married. The law has built-in ways of ending such financial deals when a married couple break up, but not when an un-married couple do.
Richard
December 19th, 2009 at 5:45 pm
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Hell yeah, take his ass to court if he does not want to sell the house. he’s no more your boyfriend so why is he still living in the house that you both bought?
December 21st, 2009 at 11:11 am
sell my home
uh…no.
Only by a court order and a partition suit can you MAKE someone sell. If he’s unable to re-fi, no one can MAKE Him
December 22nd, 2009 at 8:33 pm
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there are many variables, but sometimes an action for partition can do the trick.
December 24th, 2009 at 7:50 pm
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Thanks for asking this one! You’re the best babe!
I guess I’ll be calling my bank at some point to figure this one out. I think you can have yourself removed from the title, because you can do that your self. The mortgage is the tricky part because of this credit crunch we are in.
December 26th, 2009 at 2:42 am
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Unfortunately no, unless it was in your divorce decree. He is not obligated and if he’s really a jerk he can ruin your credit in the long run if he let the loan default. If you live in the house and kept it as part of your divorce then you will have an easier time selling but he will still have to sign off unless he gave you full rights to the property as most of the time the man will because they are usually the ones to move out… You will have to consult your attorney to find out…