If a couple that is not married has a joint mortgage and is splitting up, will the person moving out still be liable for making payments?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a couple that is not married has a joint mortgage and is splitting up, will the person moving out still be liable for making payments?

A woman that I know is trying to leave her boyfriend but has a joint mortgage. If she moves out is there a way that she will not be liable for the house payments if her ex refuses to pay? Can she just simply call up the company and take her name off the mortgage?

Asked on July 24, 2012 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, she can not.  She signed a contract and a note to pay the money and if the money is not paid the lender has the right to go after her and for the entire amount.  They are "jointly and severally" liable.  She can only get off the documents if he refinances them in to his name only or they pay it off (then there is no liability).  Please have her get legal help.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption