can primary mortgage holder remove co-buyer from note without consent

I bought a house with boyfriend, we split. I am primary mortgage holder, he is the co-buyer & has had physical possession of house for 10 months & unable to re-finance the note due to bad credit, can I take possession & re-finance in my name only without his consent? he has married & moved wife into the home & refuses to sell to get my name off the note. We had verbal agreement that he would re-finance within 90 days. He refuses to communicate with me or let me inspect the home. What rights do I have?

Asked on June 30, 2009 under Real Estate Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I very much doubt that you can re-finance without his consent, assuming his name is on the title deed to the property.  If your name is on the deed as well, you should be able to go to court and force a sale of the house, if necessary, because it's not something that can physically be divided.  A lawyer in your area can review all of the facts, and advise you on the best way to proceed with this;  he or she can also let your ex-boyfriend know that you mean business, which might change his attitude.  One place to find a qualified attorney is our website,

If your name isn't still on the deed, it might be a bit more complicated, but you should still be able to get some relief.  A lawyer is going to be essential, if this is your situation.

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