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Home > Law > Real Estate Law   »   How do I get out of my mortgage?

 
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Old Jan 6, 2008, 02:33 PM
Kelwa
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How do I get out of my mortgage?

My fiance and I have owned our house for 4 years.

We are ending our relationship, and I need to know what to do.

How do I get out of this mortgage if my partner is non responsive! he is in no rush to get out, but I want to move out and cant afford to pay rent somewhere and mortgage and bills aswelll.

What do I do?

Kelly

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Old Jan 6, 2008, 02:40 PM   #2  
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Well since you weren't married there is no divorce to process. So the only way to get out is to have him refinance the mortgage in his own name. Do you want to get something out of the house or do you just want out of the obligation?
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Old Jan 6, 2008, 02:46 PM   #3  
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He is in no rush for me to go, so doesnt care how long the process is going to take.

I want to end this, I want nothing from this house, just want him to buy my half which he can do. But he's being difficut.

Am I STUCK?

kelly
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Old Jan 6, 2008, 02:50 PM   #4  
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Quote:
Originally Posted by Kelwa
I want to end this, I want nothing from this house, just want him to buy my half which he can do. But he's being difficut.

Am I STUCK?

kelly
So you DO want something from the house, you want your half. What you are going to have to do consult a real estate attorney about taking legal action to force the sale.
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Old Jan 6, 2008, 02:55 PM   #5  
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How can I force him?

To be honest I'll get nothing from this and im not bothered about equity.

I want to be unbound by this contract thats all.

Are the timings up to the other owner of the property?

Kelly
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Old Jan 6, 2008, 02:58 PM   #6  
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That's why I said you need to consult a real estate attorney. As a part owner of the house, you can start legal proceedings to force the sale. I'm not sure of the exact legal processes, but you will need an attorney to file them. So I would call around and make some appointments tomorrow.
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Old Jan 6, 2008, 03:00 PM   #7  
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Thanks very much I will do

Kelly x
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Old Jan 6, 2008, 04:53 PM   #8  
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It is going to be tough, I will asume there was not contract drawn up when you bought it, to say what each party had to do in case.

You will have to try and force the sell of the house, but then if the other party will not agree to a price it will be hard ( esp in todays lower value)
Your best shot is for them to refiance and not give you a penny but let them keep all the value of the house, but if they don't agree to that, who knows how long this could last.
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Old Jan 6, 2008, 05:24 PM   #9  
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Quote:
Originally Posted by Kelwa
I want nothing from this house, just want him to buy my half which he can do.
1. He can refinance the house and get you off the mortgage. You walk away with $0 but are free and clear of further responsibility. He keeps the house and continues to pay the mortgage by himself.

2. He can refinance the house and get you off the mortgage and pay you back whatever amount you have put in. (I did this with my son. I got back the $$$ I had paid in mortgage payments, house insurance, property tax, and utilities. I had kept good records for proof of what I had paid.)

3. He can sell the house and split the profits (equity, if any) with you.

4. Other possibilities....
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