English
EspañolV asks if can get off mortgage and deed (owns house with boyfriend)
[NOTE: YOU CAN INCLUDE ONE OR BOTH PARAGRAPHS AS NEEDED - THE FIRST IS RE: GETTING OFF A MORTGAGE:]
Regarding the mortgage, in general, mortgages are a contract between the bank/entity that grants the loan, and the individual(s) who are taking out the loan/mortgage. In general, with such a contract, a bank would need to agree to changes to a mortgage/contract, such as changing the parties on the mortgage. Typically, in order to protect their interests, banks may often need proof that the person who would remain on the mortgage is financially capable of continuing to make payments on the mortgage. Proving this might involve a number of financial documents indicating credit score, current income to debt ratio, financial history, etc. While I am not sure whether or not these general principles apply in your situation, you may wish to speak to a lawyer with specific questions about how you might begin the process of trying to remove yourself from the mortgage. We have links to free and paid lawyers in STATE here: LINK
[NOTE: GETTING OF A DEED]
Next, I wanted to address your question about removing yourself from the deed. In general, when a person is removed from a deed, s/he loses any existing financial interest in the property. Because of this, you may want to ask a lawyer about options that you might have with regard to removing yourself from the deed. In general, if two unmarried people co-own a home and cannot agree on how to divide it, one option that may be available is to file what is called a “partition action.” This is basically when a judge can force a sale of property jointly owned and divide the assets/debts associated with the home. I do not know, however, if a judge would make any ruling as to whether or not one party has to vacate the home prior to the partition of it. Here is a link that I found that explains what a partition action is, in general: http://real-estate.lawyers.com/Partition-Action.html (although WomensLaw.org is not affiliated with this website and I cannot vouch for the accuracy of the information contained in it).
You may want to talk to a lawyer to see if this is appropriate in your situation and to discuss the pros and cons and to get legal advice on any other possible options for you. Also, since I am not specifically familiar with STATE laws, I do not know which court you would file this in if you decide to go this route, but talking to a lawyer can direct you. You can refer to the link to lawyers above for contact information for free and paid lawyers in your state.
