How doI get my name off my house if the other owner will not refinance?

UPDATED: Jan 17, 2012

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How doI get my name off my house if the other owner will not refinance?

My ex and I bought a house together 3 years ago. Now I live out of state and I want my name off the house but he hasn’t and won’t do anything to refinance. What can I do?

Asked on January 17, 2012 under Real Estate Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you and your "ex" are still on legal title to the home that you are writing about and you want your name off of it, all you need to do is sign a quitclaim deed on the home transferring your interest to the "ex".

The problem is that there may be equity in the property that you do not want to release. As to getting your name off the loan on the property that you are writing about, the ony way to do so is to sell the property or have it refinanced.

If there is equity in the property, perhaps the other owner will buy out your interest in it as part of a refinace of the existing loan.

I suggest that you consult with a real estate attorney further about the situation you are writing about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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