How can I get my name off of my ex-partner’s mortgage?

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How can I get my name off of my ex-partner’s mortgage?

Haven’t lived there with her in over 3 years and she is ruining my credit.

Asked on October 2, 2012 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no way to get your name off the mortgage without her refinancing it in her name only (or in her name plus that of a new partner or family member, etc.), or by paying the mortgage off. That's because the mortgage is essentially a contract; no person may remove him-  or herself from a contract without the consent of all parties to the contract. This means that both your ex-partner and the bank would have to voluntarily agreed to allow you off the mortgage, and even if your ex-partner would, the bank never will--allowing you off the mortgage hurts them by eliminating a person they could seek payment from.

Therefore, you may wish to discuss possibly buying the house from the ex-partner (so you could get her off the mortgage, then either live there or sell the home) or see if she will agree to sell it and use the proceeds to pay off the mortgage. To make the option of selling the home more attractive, assuming there is equity in the home, you could agree to let her keep more than her share of the equity, to incentivize her to do this.


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