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Hi I own a home with my ex-partner we have never been married,
There is a mortgage on the home and I want my name removed from the mortgage and the deed but he refuses to sell or refinance! Do I have any other options to clear my name off so that I may purchase my own home.

blue · Posted: Tue Sep 11, 2007 11:24 am Post subject:

Hi Unhappyending,

Welcome to Mortgagefit discussion board.

If ex partner is not willing to refinance the mortgage in his name or sell the house then there is one option available for you which is known as partition lawsuit.

In partition lawsuit any co owner can file a lawsuit for the house to be sold and the proceeds of sale divided between the co owners. At the time the house is sold the mortgage will be paid off and the remaining balance distributed between both of you.

As you will be filing the lawsuit you will also be entitled to get back a portion of the attorney and court expenses from the proceeds of the sale apart from your share in the house.

The important thing is that if any of the co owners files a partition lawsuit then court will order house sale even if other co owners do not agree to it.

Do let me know if you have any other questions.

Thanks
Blue

Niicss · Posted: Tue Sep 11, 2007 12:00 pm Post subject:

As partner does not want the house sold but you do, partition lawsuit is the option as Blue stated. Contact an attorney and discuss this issue & how to start the lawsuit.

If you need more details of how this procedure works then please go through the details given in this page: http://www.mortgagefit.com/know-how/removecoborrower.html#partition-la wsuit

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Guest,

In this situation, you can go for a novation. This will help you to get rid of the liability of the mortgage and at the same time the loan will get transferred only in the name of your husband. After that you will have no responsibility towards the loan payment. But this will not remove your name from the deed. For that you will have to use a quitclaim deed. By signing over the deed, you will be giving up your ownership rights to the property.

Though you can go for a novation, yet partition lawsuit is the best option for you.

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