Can someone get another person name off a mortgage with out refinanceing if that person went to jail for a long time and is no longer helping with payments

Can my daughter get her boyfriends name off
mortgage with out refinanceing he went to
jail and no longer helps paying said mortgage
and she don’t make enough to get it put in
her name on a refinance

Asked on June 10, 2017 under Real Estate Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A mortgage is a contract; like any other contract, it can only be modified--which includes removing a name or party from it--with the consent or agreement of *all* parties to it. That means the lender and the boyfriend would have to agree to this change, and while your daughter can ask, it is *very* unlikely the lender will agree: removing him does nothing from their point of view but remove a person they could potentially sue for nonpayment of the mortgage.

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