Home > Research Legal Advice > Real Estate > Eight years ago my girlfriend and I bought a house together. We both sig...
Asked over 3 years ago - Carbondale, IL
Flaglived there for seven years. recently she got behind on payments and it has affected my credit. i confronted her about refiancing the house to get my name off the mortgage and she refused. what are my rights and what action should I take?
As long as there is a mortgage on the property, you will be obligated on it and any defaults will continue to affect your credit.
As a co-owner of the property, you can file suit for partition, which, essentially, will force the sale of the property. Understand, however, that if the property value is less than the mortgage, you may be forced to either pay the bank the difference, or sell at a "short sale". A short sale will affect your credit, can become a debt against your for the difference, or may create a tax consequence for debt forgiveness.
My best advice is to consult a real estate lawyer who handles litigation matters and understands short sales.
This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.
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