How do I remove my name from a mortgage with joint tenants? 6 Answers as of July 07, 2017

My ex and I bought a house and split up before we were ever married. It’s been seven years now and he still refuses to refinance or can't. But regardless, his late payments and monthly payment ruin my credit and debt to income. There has to be some way around this. He is no help and refuses to talk to me and I can't get a single attorney to call me back. Do I call my credit bureaus and explain the situation? I cannot move on with my life because of this.

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Ronald K. Nims LLC | Ronald K. Nims
You signed on the mortgage, so you're liable for the debt and responsible for the payments being made on time. The credit reporting agencies won't change anything because what they're reporting is true. Filing bankruptcy will eliminate your liability on the loan but probably won't help your credit rating. No one should ever cosign a loan unless they are willing to accept the entire debt.
Answer Applies to: Ohio
Replied: 7/7/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
Sorry, but there is no easy way around getting your name off a joint mortgage, as if it were a joint cell phone contract or gym membership. Mortgages last for 30 years or more. If your name is still on the title to this property, a real estate attorney may have some tricks up their sleeve to force a sale of the property.
Answer Applies to: Nevada
Replied: 7/5/2017
Patrick W. Currin, Attorney at Law | Patrick Currin
The only way is by suing for a partition order.
Answer Applies to: California
Replied: 7/5/2017
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
You would have to have the Bank agree to release you from the Note and Mortgage. Most banks are not willing to do that. When you signed the Note, you became equally responsible for the Debt. If he cannot or will not refinance, perhaps you should discuss listing the property for sale. Otherwise, it won't be long before a foreclosure is filed against the property if he is not making the payments.
Answer Applies to: Kentucky
Replied: 7/5/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You are in a very difficult position. Your only option is to sue him in state court for an order of "partition" - which would require the property to be sold.
Answer Applies to: California
Replied: 7/5/2017
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