If a non-married couple purchased a house together but have now split up, what to do if one person will not let the other out of the loan?

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If a non-married couple purchased a house together but have now split up, what to do if one person will not let the other out of the loan?

What course of action is available for the person wanting out to be freed from the mortgage?

Asked on March 30, 2012 under Real Estate Law, Iowa

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  What the person who wants to be rid of the home needs to do is to speak with ana ttorney about bringing what is known as an action for "partition."  An action for patition asks the court to split the asset that is jointly held in two.  With real property that can not really be done so a court generally orders the property sold and the proceeds divided (after the mortgage is paid off).  You may need to show hardship in keeping up the house and payments.   This may also prompt the other owner to buy you out and refinance your name off. Good luck.


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