How do I get my name off of a mortgage that I own with an ex-boyfriend?

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How do I get my name off of a mortgage that I own with an ex-boyfriend?

My ex-boyfriend and I own a house together but I haven’t lived there for 3 years. He wanted me to leave and took on the payments himself but can’t afford to buy my half and won’t sell the house. How do i get my name off of the mortgage?

Asked on February 2, 2018 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't, at least not without the bank's permission which you will never get since your boyfriend has not demonartated that he can make the mortgage payment on his own. However, the law provides a remedy when co-owners of property cannot agree as to ownership matters. It is called "partition". In such an action the court will order that the property be divided if possible. If not, such as in the case of a single family home, the court will then order a "sale in lieu of partition". Accordingly, the property is put on the market at fair market value and once sole the proceeds are equitably distributed.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't, at least not without the bank's permission which you will never get since your boyfriend has not demonartated that he can make the mortgage payment on his own. However, the law provides a remedy when co-owners of property cannot agree as to ownership matters. It is called "partition". In such an action the court will order that the property be divided if possible. If not, such as in the case of a single family home, the court will then order a "sale in lieu of partition". Accordingly, the property is put on the market at fair market value and once sole the proceeds are equitably distributed.


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