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

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?

Fort Lauderdale, FL -

Attorney Answers (3)

Marshall C Deason Jr.

Marshall C Deason Jr.

Real Estate Attorney - Tampa, FL
Answered

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... more
Natalie F Guerra-Valdes

Natalie F Guerra-Valdes

Foreclosure Attorney - Fort Lauderdale, FL
Answered

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.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The... more
Cheryl Rivera Smith

Cheryl Rivera Smith

Real Estate Attorney - Frisco, TX
Answered

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.

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