Need to know what rights i have for getting someone’s name off a mortgage deed.

Bought a home with girlfriend. Her name is on the deed but not the mortgage. She left the premises for over 4/5 months and abandoned any obligations. What are my rights?

Asked on September 25, 2017 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can only get her off the deed if  she voluntarly agrees to be removed, either by quitclaiming her interest to you for free, or if you buy her out at a mutually agreed-upon price. Otherwise, your only recourse is to sell the property and split the proceeds. You can 1) do so voluntarily, if you and she can work out agreeable terms for doing so; or 2) if you and she disagree as to what to do with the property, you can bring a legal action (lawsuit) to force a sale of the property. This type of action is commonly called an action "for partition": when the owners disagree as to what to do with real estate, the court can order a sale. After paying the mortgage and costs of sale, the proceeds, if any, are split between the owners. If you have paid costs (e.g. mortgage, taxes) which she has not, the court could order that you get a credit for that.
Those are your only options (other then her buying you out, if that is agreeable to you both).

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