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Kacif00 · Jan 3, 2008, 07:51 AM

In 2004, my then boyfriend and I bought a home and both our names were on the mortgage. We have since broken-up. It has been over a year that he has had to assume the loan, but has not completed the process. Is there any legal way that I can force him to get this done? I have pretty much begged, pleated and yelled till I'm blue in the face to no avail. HELP!

ScottGem · Jan 3, 2008, 09:19 AM

Who lives in the home now? Are both names still on the deed? If he is living in the home as long as he pays the mortgage it shouldn't affect you.

Kacif00 · Jan 3, 2008, 02:14 PM

Originally Posted by ScottGem

Who lives in the home now? Are both names still on the deed? If he is living in the home as long as he pays the mortgage it shoudln't affect you.

Currently he has occupancy of the house. However, since the mortgage is still in my name too, I can't get another mortgage. I have been living with my mother for just over a year waiting to for him to refi so that I can buy a house of my own. Fortunately he makes the payments on time and more than what is required. Although it doesn't hurt me it doesn't help me get my life back on track.

Dr D · Jan 3, 2008, 02:33 PM

Unless the existing loan is a Government (FHA or VA) loan it is probably not assumable, even with qualifying. Call your lender to find out. If he wants to keep the home, he will have to refinance it. If the two of you had been married, and subsequently divorced, with him being awarded the house, that mortgage payment (contingent liability) would not have been counted against you in computing your debt ratio; but since you were not, it is. There is no way that you can force him to refinance, but you can hire a lawyer, take him to court, and force the sale of the property. Possibly the mere threat of this, will make him do what you want. Good luck.

Fr_Chuck · Jan 3, 2008, 03:42 PM

There is really no way you can do it.

ScottGem · Jan 3, 2008, 03:47 PM

This is one reason people should not enter into such an arrangement without either getting married or making a firm contact with contingency plans for a breakup. I would consult an attorney. Sounds to me, since your name is also on the deed, you can try to force a sale like Dr D suggests. That appears your best option.

Kacif00 · Jan 4, 2008, 08:20 AM

Thanks for all the help! Maybe just showing some legal force might force his hand. I don't think he wants to sell at this point, but God only knows what goes on in that pea brain of his. Again, THANKS for all the advice.