If your co-borrower on your mortgage quitclaimed his percentage of the home to you, can he at anytime force you to sell or refinance to remove his name from the mortgage?

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If your co-borrower on your mortgage quitclaimed his percentage of the home to you, can he at anytime force you to sell or refinance to remove his name from the mortgage?

It was quitclaimed several years ago.

Asked on January 17, 2016 under Real Estate Law, New Jersey

Answers:

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

Answered 5 years ago | Contributor

Unless you signed a legal agreement to this effect, your mortgage co-signer cannot force the sale of the property. Being on a mortgage does not give a person any rights as to the real estate that the mortgage secures. if this person wants off of the mortgage they will have to wait until it is paid off, or until the property owner chooses to sell or refinance.


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