Can I refinance my house if its in mine and my ex boyfriends name

ME and my ex boyfriend bought a house 4 years ago and split shortly after he is in the home and will not takemy name off the ded but is not paying the mortgage and its affecting my credit how do I solve this problem

Asked on April 29, 2017 under Real Estate Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

One owner cannot refinance (or mortgage, or take out a home equity line/loan, etc.) property without the consent or agreement of the other owner, so you can't do this without him agreeing to it.
What you can do is bring a legal action (lawsuit) for "partition"--that is the law's remedy for when the two owners of property cannot agree as to what to with it. The court will order that the property be put up for sale and the proceeds of the sale, less any costs of sale and paying off the mortgage, be distributed between you. (If you have been paying the mortgage when he has not been and can prove that, the court may give you a larger share of the proceeds to compensate.) 
A partition suit is brought in chancery court (a part or division of county court). It can be procedurally complex, at least compared to a small claims case, and it is recommended you retain a real estate attorney to help you. If you are determined to do this yourself, you should be able to get forms and instructions from the chancery court, either online or from the clerk's office.

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