My fiancé are breaking up we have one child & she has an adult daughter who lives here & goes to school full time & works part time. She has three more children she want to move in with her. She wants me to move out so her kids can have to house. She said she would refinance the house later, but right now I 'm still on the mortgage but I won't be living there being. HELP!! :confused:

If she wants you to move out then she has to buy out your part of the mortgage and she has to own the house outright. You don't go anywhere until this happens and then your name comes off the mortgage entirely. You had better get a lawyer to know your rights and I am surprised that you think she has the upper hand in this, Junius.

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Originally Posted by junius

My fiance are breaking up we have one child & she has an adult daughter who lives here & goes to school full time & works part time. She has three more children she want to move in with her. She wants me to move out so her kids can have to house. She said she would refinance the house later, but right now I 'm still on the mortgage but I won't be living there being. HELP!!! :confused:

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If you don't want to be responsible for the mortgage you have to arrange to have your name taken off the mortgage (and, of course, in this economy, mortages are hard to come by). The only way to do that is to refinance, get a new mortgage, in her name only - if she qualifies.

You can't get off the Deed - assuming you are on the Deed - when you are on the mortgage so I see one endless circle here.

In some States you can bring a Court action to force a sale - which would get your name off the Deed and mortgage but (again, in this economy) probably at a great loss of value to you.

Have you considered consulting with an Attorney with the hope of some sort of hold harmless clause for you? I don't know that you can accomplish that in every State but I have seen divorces where both parties stay on the Deed and mortgage and there is an Order concerning division of profit if/when the house is sold as well as what happens if one party defaults.

Just some thoughts to try to get you out from under -

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Originally Posted by tickle

If she wants you to move out then she has to buy out your part of the mortgage and she has to own the house outright. You dont go anywhere until this happens and then your name comes off the mortgage entirely. You had better get a lawyer to know your rights and I am surprised that you think she has the upper hand in this, Junius.

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Thank you:)

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Originally Posted by tickle

If she wants you to move out then she has to buy out your part of the mortgage and she has to own the house outright. You dont go anywhere until this happens and then your name comes off the mortgage entirely. You had better get a lawyer to know your rights and I am surprised that you think she has the upper hand in this, Junius.

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Buy out his part of the mortgage? You can't buy out a mortgage - that I know of.

JKT, I meant, she refinance the mortgage and pay him off. You made your point.

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Originally Posted by tickle

JKT, I meant, she refinance the mortgage and pay him off. You made your point.

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You gave legal advice. The OP thanked you and I would guess intended to follow it. That would involve going to the bank and asking about buying out of the mortgage. There is no such thing.

That was incorrect advice.

This is not the "feelings" board. If your advice is incorrect expect it to be corrected.