How canI get off of a mortgage without consent of the other person on mortgage?

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How canI get off of a mortgage without consent of the other person on mortgage?

I purchased a house with my boyfriend and we are no longer together. I would like to move out (and he would like me to move also) but he will not sign anything allowing me to remove myself from the mortgage. Is there any legal waythat Ii can remove myself off of the mortgage with out his consent?

Asked on September 12, 2010 under Real Estate Law, Washington

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfotrtunately, without the consent of your boyfriend there is nothing you can do without court intervention. The only option you have is to file a partition action in the court of jurisdiction in your state. THis is an action asking that you be removed from the deed and mortgage in some capacity, either by your boyfriend taking over the house or the sale of the house. This can be a costly process depending on the court costs and legal fees and in today's market you may end up losing money. However, be aware that until you work something out with him or have a court order, you moving out may not preclude your ex from making you pay half of the mortgage so do not leave until you have consulted an attorney in your arear about your options.


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