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jenn07 · Jun 9, 2011, 11:18 AM

I was with my ex fiancé for over 14 years and we built a house. I put a lot of my own money into the property, but have nothing to prove that. I also, stupidly, signed myself off the deed in order to walk away. He then told me I was stuck on the mortgage. I need advice or help as I can't even get a new mortgage for my current residence. Can I take him to court to have him forced to refinance and take me off the mortgage?

AK lawyer · Jun 9, 2011, 11:33 AM

Originally Posted by jenn07

... Can I take him to court to have him forced to refinance and take me off the mortgage??

Probably not. Pleading stupidity is probably not going to be sufficient grounds to set aside the deed by which you gave him your interest in the property.

Forcing him to refinance, upon divorce, would have been one of the options a marriage certificate would have given you.

And, short of a refiancing, the mortgagee doesn't have to allow you off the mortgage note.

jenn07 · Jun 9, 2011, 11:36 AM

So I am stuck on this mortgage for life? I just don't understand this.

AK lawyer · Jun 9, 2011, 11:40 AM

Originally Posted by jenn07

So I am stuck on this mortgage for life? I just don't understand this.

Let me try to explain it this way:

Pretend you are a banker. Someone comes to you requesting a mortgage loan. You find out she is already burdened by a prior mortgage, with respect to which she gave away, free of charge, her interest in the underlying real estate.

Would you consider her a good risk? I sure wouldn't.