Posted by Jack Spratt on October 29, 2007 at 11:06:54:
Better talk to your lawyer about this because you have no right to unilaterally, remove anybody from a deed or title.
Once a RE conveyance doc is written, signed and recorded, no erasures or deletions are allowed.
Just as your ex boyfriend couldn’t “remove” your name, you cannot remove his.
But a court could rule in your favor (in a suit to “Quiet title” where you’d sue your ex-cohabitor) that his irresponsible actions and derelictions have wiped out his rights to any portion of the house sales proceeds…and such a court judgment could eliminate his ownership interest in the RE.
I am separating from my boyfriend - we purchased a house together. There is no equity in the home - recent refi. Should I insist that he get financing in his name? Do I have any rights if I only remove my name from the deed?
Re: Remove your name? Doubt it - Posted by Lindylou
Posted by Lindylou on November 17, 2007 at 09:34:13:
How would I go about getting a 3rd party to buy my half of a bank note? My husband refuses to do a refin in order for my name to be removed. I am holding off filing for divorce.
If I’m not making the mortgage payments,nor living or have lived in the house of my ex. for 13 yrs., nor have any childern born of the marrriage etc… but my name is on the deed to the house, how do I go about having my name removed from this deed???
Re: Remove your name? Doubt it - Posted by John Merchant
Posted by John Merchant on July 10, 2007 at 07:16:31:
Lisa, if you’re on the note you stand a very real risk of your ex-friend’s taking off and letting the house be foreclosed on and YOUR credit being destroyed by same.
The only way to protect yourself is to make those note payments.
At the same time try to get a deed from your ex-friend for his half in return for your making those payments.
If you don’t do this, my guess is the house will go into foreclosure and neither one of you will get anything from it, ever.
Your problem is NOT trying to get your hands on any gain in a few years. Your problem is WHAT HAPPENS IF HE STOPS PAYING? The lender is going to look to YOU for satisfaction of the loan that YOU signed for.
You need a lawyer TODAY. You need either your ex, or a third party to get a NEW LOAN that does not have your name on it. TODAY.
Re: Remove your name? Doubt it - Posted by Lindylou
Posted by Lindylou on December 10, 2008 at 07:48:47:
I am holding off filing for divorce because we have a home loan. My spouse will not qualifily for the loan on his own, can his folks, or someelse come in on the loan so that I can be removed?
Re: Remove your name? Doubt it - Posted by humpty dumpty
Posted by humpty dumpty on October 04, 2007 at 05:05:01:
i own a home with ex-boyfriend father to my children never married common law 18 yrs current mortgage in my name only deed remains in both parties names can i have him removed from deed he’s not paying, but he wants to aquire half of proceeds when house is sold.