We lived togeather for a few years, bought a house, and now broke up.... I NEED her off my Morgtgage she lived there for only 6 months and made 1/2 of 6 payments, now she has a lawyer and they are trying to get me to sell through the court, I'M NOT SEILLING WITH HER ON THE MORTGAGE GET HER OFF THEN SELL! HELP!!!!!How do I get my ex girlfriend off my mortgage w/o refi?
Your in for a fight, i'll be honest with you right now, if she already has a lawyer. The only way for you to get her off, is to find a way for her to sign a quit claim deed, or some states call it a warranty deed. With most states being community prorperty states, and you two living as a couple, your not going to have much luck in court. You have her on the deed with you from the initial purchase of the home and when she on the only one who can remove her is herself. Like some of the others suggested you may be able to pay her back the small amount she did contribute in exchange for her signiture on this quit claim. It basically states a release of interest in previously held together property. If she's smart, she'll fight you for the equity tooth and nail. Most folks these days know the value of property. I'm sorry you have to go through that with her. Good luck. And one of your other answers is right, the quit claim deed does come from your local title/escrow company.How do I get my ex girlfriend off my mortgage w/o refi?
She cannot get off the mortgage without refinancing. You can take her off title by a quit claim deed but that does not remove her from her obligation to the mortgage that she signed on.
http://www.lendermark.com
She would have to agree to do it and you would have to go to a title company.
I went through the same thing - I ended up giving her the house. Not what you want to hear, I'm sure, but the cost of getting a lawyer, and the added stress just wasn't worth the 18K in equity we had.
You need to combine everyone's answers to get a decent one. Yes, you can have her do a quit claim that would remove her name from the deed, but she's still on the mortgage. And the fact that she's got a lawyer means she's not likely to do this.
Try this: find out how much money she wants. Offer it to her in exchange for the quit claim. Once you have the quit claim, show that and your payment history (cancelled checks or whatever) to your lender and ask to refinance with only you. If you can show that you and only you have made payments for last 12 months, and she's given up her share of the deed, you're in luck.
The only other thing I can think of is for her to have an accident, but I've been told that this shouldn't be my first choice when solving problems.
It is clear that if you pay her the 1/2 of the six payments - that will be the end of it.
Then she has no rights whatever on the house. All therights she is claiming she has - she would only have those if she would have payed half of all the payments. But paying 6 payments (out of 12 every year) and she had to pay 12 every year that is bad.
If you have a good bank I would try to see if the bank could interfere and talk her into sense. You see if she would end up with the mortage and you withdraw - they would have a mortage with a terrible risk.
Maybe the bank can even remove her from the mortage just because she has made insufficient payments - that depends on the national laws.
Cheaper to keep her.
you cannot remove her from the mortgage without doing a re-fi!
offer her the money that she paid, and ask her to sign a letter stating that she has been ';bought out';. get her name off of there, as the loan is a liability listed in both your names.
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