Is there a way to legally remove someone’s name from a mortgage if they are unwilling to refinance and sign off ?

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Is there a way to legally remove someone’s name from a mortgage if they are unwilling to refinance and sign off ?

My significant other and I recently
bought a home . Both our names are
on the mortgage . However it was my
money used for down payment and
closing fees. Since then they have
not lived up to their financial
obligations as far as repayment of
their half of the purchase nor
monthly expenses as agreed.is there
any legal way to have their name
removed from the mortgage aside
from refinancing and them doing so
willingly ?

Asked on July 18, 2017 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, a mortgage is a contract. Any contract may only be modified--including by removing someone from it--with the consent of all parties: you, your significant other, and the lender. If any one of you did not agree, you could not remove the significant other.


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