Check out some similar questions!

Kelwa · Jan 6, 2008, 04:33 PM

My fiancé 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 can't afford to pay rent somewhere and mortgage and bills aswelll.

What do I do?

Kelly

ScottGem · Jan 6, 2008, 04:40 PM

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?

Kelwa · Jan 6, 2008, 04:46 PM

He is in no rush for me to go, so doesn't 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

ScottGem · Jan 6, 2008, 04:50 PM

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.

Kelwa · Jan 6, 2008, 04:55 PM

How can I force him?

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

I want to be unbound by this contract that's all.

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

Kelly

ScottGem · Jan 6, 2008, 04:58 PM

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.

Kelwa · Jan 6, 2008, 05:00 PM

Thanks very much I will do

Kelly x

Fr_Chuck · Jan 6, 2008, 06:53 PM

It is going to be tough, I will assume 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 today's 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.

Wondergirl · Jan 6, 2008, 07:24 PM

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...