How can I get out of a mortgage? 11 Answers as of December 12, 2013

I own a house with my ex-boyfriend. I want out but he refuses to sell and won't refinance under his name. Is there anything I can do legally? I am not interested in refinancing in my name either.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
This is properly a real estate question. You should consult with an experienced real estate lawyer in your area. If there is equity in the property this may require an action to have the real property sold, so you may get your equity from the home, I believe this is called a partition action. Again, consult with an attorney who is experienced in this type of matter.
Answer Applies to: Arizona
Replied: 12/12/2013
Law Offices of Frances Headley | Frances Headley
Your only alternative is to sell the property.
Answer Applies to: California
Replied: 12/12/2013
John Russo | John Russo
Motion to Partition for the sale of the real estate, court has to grant it, or he has to buy you out, get counsel.
Answer Applies to: Rhode Island
Replied: 12/12/2013
Graves Law Firm
Graves Law Firm | Steve Graves
You can sue and ask a court to order the property sold for division if the two of you can't split the house in such a way as to make each part usable, and if it's a single-family house you probably can't. Maybe when he gets papers from your lawyer he'll talk to one himself and learn that the law allows you to force the sale.? Otherwise it's not likely to be cheap or fun.
Answer Applies to: Texas
Replied: 12/12/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You can see an attorney, without the details advise is impossible, and very likely wrong.
Answer Applies to: Michigan
Replied: 12/12/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Sue him for "partitioning" the house.. e.g. your 1/2 of the equity, and to remove your name from the mortgage.
    Answer Applies to: Michigan
    Replied: 12/12/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You can file an action to force sale or refinancing.
    Answer Applies to: Wisconsin
    Replied: 12/12/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    The only way other than refinancing is that the mortgage company remove your name, which they probably will not.
    Answer Applies to: Georgia
    Replied: 12/12/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    Start a "Partition" action for the sale of the home. If he wants to keep the home, he will be directed to buy you out of your share. This is usually at Fair Market value. Be cautious as the sale price may not cover the mortgage, and you may be responsible for coming up with your share of the remaining balance due on the mortgage at the time of sale..
    Answer Applies to: New Jersey
    Replied: 12/12/2013
    Kunin &Carman | Ishi Kunin
    You have to go to Court to request a buy-out, or sale or partition.
    Answer Applies to: Nevada
    Replied: 12/12/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    I suppose you could go to court and ask for a partition of the property which should result in an order to sell the property. Is there enough equity in the property to pay your attorney fees? I can't think of anything else.
    Answer Applies to: Idaho
    Replied: 12/12/2013
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