How to get my name off deed and loan on house with my ex-girlfriend?

I bought a house with my girlfriend but we broke up 4 years later. I only want my
name off everything. I dont want her to buy me out or anything.

Asked on March 7, 2017 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You could get your name off the deed by quit claiming it to her or otherwise transferring your interest in the home to her. But you can't get your name off the  mortgage without the mortgage being paid off or refinanced without you. A mortgage is a contract; a contract can only be changed--such as to release one party from it--with the consent of all parties to the contract; one of those parties is the bank/lender; you would need to the lender to voluntarily agree to let you off the mortgage in order to get off it--and they will not do this. Letting you off the mortgage hurts the lender by depriving them of a person they can hold liable for the mortgage (i.e. someone who has to pay it, and whom they could potentially sue) and does not give them any advantage or benefit; therefore, they will not do this.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You could get your name off the deed by quit claiming it to her or otherwise transferring your interest in the home to her. But you can't get your name off the  mortgage without the mortgage being paid off or refinanced without you. A mortgage is a contract; a contract can only be changed--such as to release one party from it--with the consent of all parties to the contract; one of those parties is the bank/lender; you would need to the lender to voluntarily agree to let you off the mortgage in order to get off it--and they will not do this. Letting you off the mortgage hurts the lender by depriving them of a person they can hold liable for the mortgage (i.e. someone who has to pay it, and whom they could potentially sue) and does not give them any advantage or benefit; therefore, they will not do this.


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