joint tennants in common

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Icon Mini Profile dolevalley




Joined: 12 Oct 2009

Posts: 1

1.27 Dollars($)
PostPosted: Mon Oct 12, 2009 12:05 pm    Post subject: joint tennants in common

boyfriend and i split up. He wants to keep the home, but can not afford to refinance the mortgage at this time. Can I charge him interest until he can refinance and remove my name from the mortgage loan? Can I do a partition action myself?
Icon Mini Profile jenkin7
jenkin7



Joined: 04 Jun 2007

Posts: 4292
Location: Hawaii
677.83 Dollars($)
PostPosted: Tue Oct 13, 2009 12:31 am    Post subject:

Hi dolevalley,

Quote:
Can I charge him interest until he can refinance and remove my name from the mortgage loan?


I am not sure how you are going to charge him interest till the time he refinances. That does not seem to be possible. He will have to refinance the loan in his name to remove you from the loan. But if he does not have the credit score and income to qualify for the refinance, you will have to wait. Since you are joint tenants, both of you have equal rights to the property. You can file a partition lawsuit in the court. The court will then order a sale of the property and the proceeds will be divided among you and your boyfriend.
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