How to get a person’s name off of a contract?

He and I are buying a house on contract. However, he left the home and is not paying his portion anymore so I am paying all of it.

Asked on September 10, 2018 under Real Estate Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't get his name off the contract: the contract is between at least three parties: you, him, and the seller. All three would have to consent or agree to remove him from the contract, because a contract may not be modified (including to remove someone from it) without the consent of all parties. You can, however, sue him for his share of the contract price if you chose, since he is violating his implicity oblgiation under the contract to pay his share of the purchase price.

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