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What is the easiest way for a person to remove themselves from a property deed-full rights of survivorship...

Fort Lauderdale, FL |

My boyfriend and I purchased a home in south Florida 3 years ago. We are going our separate ways. He would like to be removed from the mortgage and hence deed. What is the easiest way to do this?

Attorney Answers 3

  1. Best answer

    Your boyfriend can relinquish his ownership interest in the home by deeding the property to you and recording the deed. However, removing his liability under the mortgage is more difficult. To do this you will either have to get the mortgage lender to release him from liability (which is difficult to accomplish) or refinance the property in your name alone (which may also be difficult with the tight mortgage credit market). If you are unsure of your rights or responsibilities as a home owner and mortgagor, you should consult an experienced real estate lawyer in your area.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

  2. He probably can't be removed from the mortgage unless you refinance, but he could deed his interest in the house to you. A local attorney could draw a deed for you at little cost.

  3. I agree with my colleagues. Your boyfriend can deed the property to you and you can record the deed in the public records. Title to the property will then be only in your name. However, in order for him to be removed from the mortgage, you will most likely have to refinance.

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