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    rossardsley's Avatar
    rossardsley Posts: 3, Reputation: 1
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    #1

    Oct 17, 2007, 02:52 PM
    I want out of mortgage but partner doesn't!
    Me and my partner have split up a few months ago. I no longer live in the home we have a joint mortgage on. I have moved out but still pay half. The ex does not want to sell but I want out of the mortgage. Any advice on what needs to be done??
    Cheers.
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
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    #2

    Oct 17, 2007, 02:57 PM
    Why can't he get his own mortgage and keep the house. He can then pay you your share of the proceeds from the refinancing, if any, and you will be relieved of any further mortgage payments.
    rossardsley's Avatar
    rossardsley Posts: 3, Reputation: 1
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    #3

    Oct 17, 2007, 03:08 PM
    The ex says "its not in their interest to do anything" but I want out. I no longer want to make payments on a house I no longer live in. Im prepared to walk away and lose equity but the ex won't do anything. How do I get my name off the mortgage??
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
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    #4

    Oct 17, 2007, 03:10 PM
    Is there a divorce decree that states who gets what ?
    rossardsley's Avatar
    rossardsley Posts: 3, Reputation: 1
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    #5

    Oct 17, 2007, 03:16 PM
    Not married. The only tie between us is the mortgage. I want out but the ex doesn't. I need to know what procedures are involved to remove my name from the mortgage??
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
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    #6

    Oct 17, 2007, 03:26 PM
    You can't "remove" your name, it has to be paid off, and that probably only can be done practically by most people by selling or refinancing it. You are correct in seeking to get rid of the expense and liability but the only thing I can see you can do is 1) convince him he needs to refinance/sell preferably harmoniously or 2) take some legal action.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #7

    Oct 18, 2007, 09:43 AM
    I agree w/ Richard. This is equivalent to a divorce - reasonable people would reach the conclusion that your ex should buy out your portion of the mortgage, and reimburse you for any down payment you may have contributed. Of course it's not in his interest to do this - he's got a wonderful arrangement here, thanks to your ongoing generosity. If he continues to be stubborn you'll have to take him to court. Only other recourse is to move back into the house, and kick him out!
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