How do I remove a person’s name from a mortgage?

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How do I remove a person’s name from a mortgage?

My ex-girlfriend and i bought a home together 8 years ago. She moved out of house 2 years later to a different county and I had her address changed. I have asked her to take name off numerous times and response is no. I have been paying mortgage and utility bills for past 6 years with financial help from her.

Asked on February 13, 2018 under Real Estate Law, Illinois

Answers:

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

Answered 3 years ago | Contributor

If your ex-girlfriend's name is on the deed, then she is a legal owner of the property, even if she has not contributed to paying the mortgage, etc. for several years (or ever). If she won't agree to take her name of off the property, then you can file for a "partition". In such an action, the court will order that the property be divided, if possible. If not, such as in your case, the court will order a "sale in lieu of partition". Accordingly, the property will be ordered to be sold but first any party who wants to keep the property can buy out the other owner. Under such a purchase, the selling party will be entitled to their equitable share. This means that all of the mortgage, tax and maintenance payments that you alone made, as well as any down payment that you made, will factor into just how much your ex-girlfriend will be owed.


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