Skip to main content

What can I do to get my name off a mortgage or force my coborrower to sell?

Toms River, NJ |

I live in NJ and purchased a home with my boyfriend 12 years ago. We share an account where the mortgage payments are made. I recently found out that he has not been paying the mortgage but has been using my half of the mortgage for his personal use. I would like to move on from the relationship and the house, what are my options?

Attorney Answers 3

Posted

It depends on the circumstances.

If both your names are on the deed, and there is equity in the home. You could offer to refinance and buy out his interest.

If he refuses to do a buy-out, you could file a court action for "partition" in which the court orders the sale of the property.

If the home is upside down or if you cannot refinance for some other reason, then you may have to look into doing a deed in lieu of foreclosure where you deed the home to the mortgage lender and walk away from it.

If you qualify for a bankruptcy, you could stay there and let the foreclosure run its course and then bankrupt out of any deficiency that is owed on the mortgage after a sheriff's sale.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Mark as helpful

2 lawyers agree

Posted

You can file a partition action, which is a remedy that would allow the house to be sold outright with the proceeds to be divided between the both of you, or allow you to purchase his half ownership interest. If he doesn't agree to sell you his 1/2 interest then the court can order the entire house be sold, and at that point you're just fighting about dividing up the sale proceeds.

Here's an article I wrote recently on the subject. I am currently representing a co-tenant in disputed litigation about purchasing the co-ownership interest.

If you're unable to resolve this own your own I would be glad to help.

Glenn Reiser
LoFaro & Reiser LLP
55 Hudson Street
Hackensack, NJ 07601
Tel: (201) 498-0400

This answer does not constitute specific legal advice or create an attorney-client relationship between Glenn R. Reiser, Esq. or LoFaro & Reiser, LLP and the individual or company whose posts we are responding to.

Mark as helpful

1 lawyer agrees

Posted

I agree with my colleagues. You also might have a viable claim against your ex for his unauthorized use of your money for his personal use.

If you think this post was helpful, please check the "good answer" button below! NOTE: This answer is made is for advisory and/or educational purposes only. By using or participating in this site, or posting a question and obtaining an answer, you understand that no attorney-client relationship is being established between you and the answering attorney, and there is no attorney-client privilege between you and the attorney. You should consult with a licensed professional attorney in your state. The law changes frequently and varies from state to state. The information provided in this answer is designed to be general in nature and is based on the facts stated in your question, and might change based on further information.

Mark as helpful

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics