if there are two names on a house loan, can one person sue t

hurtnme · Joined: 05 Dec 2007 Posts: 7 3.96 Dollars($)

My boyfriend and I are both on the title and loan for our house. We are splitting up. In order for just one of us get the house one of us would have to sign the house over to the other through an assumption agreement. But.. if He wanted the house, and I refused to sign the assumption agreement. He wants to sue me for the other half of the house. If he got a lawyer and sued me, what good would that do???

Guest 0.10 Dollars($)

Do you want to keep the house or you want to quitclaim?

But you have said before- "I know that If I were to give him the house I would have to file a quit claim deed. But, that doesn't take my name off the mortgage! I want my name off everything!!" Please explain it clearly.

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi hurtnme,

Now what I have understood from your previous posts is that you do not want the house and want to remove your name from the loan. If your husband assumes the loan, that means the total loan will be on his name and your name will be removed from the mortgage. In that case, to remove your name from the mortgage you can quitclaim to him.

Now if you do not wish to quitclaim, why will your husband assume the loan on his name. In that case, both of you will have to pay your share of mortgage.

"if there are two names on a house loan, can one person sue the other for the house?"- Your husband can file a partition lawsuit. Through partition lawsuit he can sell the property and pay off the mortgage. After paying off the mortgage, if there remains any excess money that will be divided between both of you equally.

Thanks,
Larry

Guest 0.10 Dollars($)

The loan and title are two separate things. For you to get off the loan, you must first get approval from the lender. Then follow their instructions, either sign a new loan ("novation"), or have your husband assume all of the origianl loan ("assumption").

Once that is done, to get your name off the title, you should execute a quitclaim deed.

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