[village clubber]

Can my partner make me sell our home we have been split up for 2 yrs and been letting it out since if we sell now we will end up in debt as we have only had the mortgage for around 4years and would not get back what we paid for it we have a good tenant in and I do not want to sell it I have paid for all the upkeep on the house only thing my partner pays is half to insurance can I take my partner off mortgage and take it on myself and how much will I have to pay them

[joypulv]

If both of you are on the deed, your partner can force the sale only by going to court.
You don't just 'take a name off a mortgage.' You have to buy the other person out and apply for a new mortgage.
How much you pay is totally between the two of you. Presumably you would have a formal appraisal of the property and offer half, contingent on being able to get a loan all by yourself.

The eagerness to sell now might be because of the fact that real estate sales are rebounding, but you can tell him or her that PRICES are still low in most parts of the country. Four years ago was right at the beginning of the downturn, so did you get a bargain or did you pay what is still considered a high price?
I wouldn't put a house on the market yet. Plus the best selling months (spring) are right at the end, and you aren't prepared. I would wait until next April, giving you both plenty of time to discuss all this.

[ScottGem]

You can offer to buy him out. Get a refi in your own name only and have him sign a deed over to you.

As Joy said, he would have to go to court to force a sale.

[joypulv]

ScottGem, I have not encountered a lender who will do a refi for one of two people who split up.

[ScottGem]

You're right, refi was not the right term. It would be a new mortgage.