How can I legally get out of a mortgage that I am currently in with my now ex-boyfriend so I am no longer financially responsible, or get him off the loan and deed?

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How can I legally get out of a mortgage that I am currently in with my now ex-boyfriend so I am no longer financially responsible, or get him off the loan and deed?

A few things to note: I am not (nor is he) in a position to qualify for a new loan alone – we would both need co-signers; the house is upside down in value; and y ex-boyrfriend does not want to sell the house.

Asked on June 24, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no way to get out of or off a mortgage unless all parties--including the lender--agree to allow you off, and the change in your relationship status is irrelevant. Since generally lenders will NOT allow a mortgagor off the mortgage, since doing so hurts the lender (by eliminating a person they could otherwise go after the money), usually, the only option is to refinance the mortgage without the person to be removed; but if you are not in a financial position to do that, you might not be able to separate on the mortage from your ex-boyfriend.

If you both own the house and cannot agree as to what to do with it, you could bring a legal action and ask the court to order that the house be sold; but since you are upside down on value, you'd have to bring money to the table (i.e. effectively pay someone to take the house) to do this.


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