Does my ex-fiance need to buy me out in order to refinance and put our home solely in his name?

UPDATED: May 22, 2012

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Does my ex-fiance need to buy me out in order to refinance and put our home solely in his name?

We both contributed equally to the down payment for an FHA loan on the home which was purchased over 1 1/2 years ago. Can he refinance on his own without involving me or paying back my contribution? I currently do not make payments on the mortgage.

Asked on May 22, 2012 under Real Estate Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your consent is needed to sign over the home to him because you have to sign the deed.  That actually protects you.  He could refinance solely in his name with out you consent but he would not want to unless you signed over the home.  You hold the deed hostage so to speak unless and until he pays you the money owed.  He would get a set off for your contribution to the mortgage that he paid. Seek legal help here.  Good luck. 

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