joe_tillman
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Yes, she can, and since you have both signed on the house, you'd be liable for the payment, as well. If you wish to keep the house, you should buy out her equity.
If there has not been enough time to develop equity, she may agree to signing it over for you to refinance the mortgage without her. That would be even better.
That is the only clean way to proceed. Otherwise, if you continue with a divorce, or you are not married now, she can likely, depending on your state, force the sale of the property. |
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peapod_mommy
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First things first if you were married this can be settled in the divorce decree. However if you were not married. I would definitely pay her, her half (by refi) and take her off title AND the loan all at the same time. She will need to sign a quit claim but I think this would be the best way for you both to compromise! Classycntrptlo@yahoo.com if you have any other questions or need a number to RE Lawyer. :) |
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tooke201@btinternet.com
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when i split from a partner we had joint mortgage he paid lawyers to have me taken off mortgage if she has paid money on mortgage and on anything else you can offer to reimburse her for what she has spent if been together for while seek some sort of advise most lawyers give first 1/2 hour free she may be able to claim half of house which you may have to buy from her or sell house and give her half good luck what ever you do |
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shell
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Yes, joint and several liability means you are both liable for the whole of the debt.
If she stops paying, the mortgage company still wants 100% of the money and they will come to you for it.
Refinance if you can afford it, if you can't selling would be the best option. |
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belen2499
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Simple solution. Refinance in your name. |
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Robert H
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She can force a sale on you if you can't afford to buy her share. Up the mortgage if you can, if that'll solve the problem, and take in a lodger to help pay the higher mortgage. Or sell up and downsize. Talk to your local mortgage brokers, pick their brains. See what deals they offer. |
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Nickynackynoo
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If you are in the UK, the only way around this is that one of you buys the other out. Whoever wants to stay in the hose needs to get it valued and then the other party gets half the balance of the equity. Get a good solicitor and this can be done quite easily.
If neither of you can agree on this, the omly other option is to sell and split the profit. |
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boston857
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You should buy her out based on agreed amount either as cash or a note subordinated to the first trust mortgage. |
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wizjp
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Either of you can and screw up the other's credit. Usual agreement is for one to buy out the other or sell. Otherwise you end up in court coming to the same decision but you get a few thousand dollars worth of legal hassle. You don't want to sell? Buy her out. |
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MissWong
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You need to buy her out if she has anything besides the mortgage in the house. She can sign over to you. You really should see a lawyer. You will probably need a Quit Claim deed anyway which a lawyer needs to draw up for you. |
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Bob N
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Yes, she can stop paying, and if you don't pay the full amount, both of your credit histories will get ruined until foreclosure.
You need to agree, but if she insists on selling, you better just sell. That's what you get when you have a joint mortgage with someone who you split up with unless you can afford to take the whole mortgage. |
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Suzanne S
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With a joint mortgage you are both liable, so if your ex stops paying, unless you make the payments, your credit record will be affected.
Firstly you need to speak to your mortgage provider to discuss the possibility of transferring the mortgage into your sole name and discussing borrowing extra to buy ex out if needed (called transfer of equity). If it is possible, then for a small fee plus solicitor costs, the transfer should be completed within about six weeks.
Hope this helps. All the best for the future xxx |
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anthony.veitch1@btinternet.com
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Buy her out. |
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Claire D
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No she cant stop paying. you are both jointly liable for it if its a joint account. The bank dont care who pays it but they will pursue you both equally if it isnt paid. |
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Phoenix Princess of Darkness
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Yes, she could and the mortgage company will come after you. Of course you could then sue her, but that costs money and time.
I suggest you buy out her half. |
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