Release name from deed and mortgage loans where primary signor is no longer living at the residence

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Release name from deed and mortgage loans where primary signor is no longer living at the residence

After five years of living together with girlfriend, purchased a home with her as primary and me, as secondary. After less than two years, we separated. We remained friends and in good faith, I signed as a primary to acquire an equity line on her behalf that she is paying for. She has been promising to refinance for more than three years. Recently, late payments she made three months in a row have destroyed my credit. What are my legal rights to induce a refinance? Are there similar cases to mine that i can research. Thank you in advance.

Asked on June 21, 2009 under Real Estate Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area.  You are obligated on he mortgage.  If you cant agree to refi the properrty, perhaps you can get her to sell it.  If that is out of the quesrtion, you will be in the position to file an action known as a partitiion action where the property is sold and you each get to keep the proceeds from the sale.  I suggest seeing a lawyer and exploring these option.


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