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

UPDATED: Sep 30, 2022

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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 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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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