This is very complicated. First off, my boyfriend and I bought a house last year. Well, I took him to Court last year and filed a Partition of Property Lawsuit against him. I wanted him to sell the house with me or if he can get financing, get it in your own name. He has bad credit. I am the primary on the house. He can't even get homeowner's in his own name. It was ordered by the Court that the house go up for sale. So, being young and stupid yet I dropped the whole case and we got back together. Well, we just broke up two days ago and I moved out just to get away and I let him stay because we have two dogs and he needs a place to live. So, now I am worried. How can I just walk away from a house that I own with my name on the mortage, property and homeowners in my name as well as his? Will filing a Quit Claim Deed be the best option for me? Also, how long does it take to finalize? I can't get my name off the mortage because as we found out last year in the chancery case, he can't get approved for a loan in just his name nor homeowners coverage. So therefore, he can't buy me out. I'm afraid that if somebody gets hurt and my liability coverage does not cover the accident, I am getting sued. I would like to get my name off the mortgage but I can't because he is not in good standing with his credit and he can't secure a loan without me being on it as well. Please help me. I am devasted!!!! by Devastated from New Baden, Illinois. Jul 25th 2010
You are going to be responsible for the mortgage regardless, taking your name off title is the worst thing you can do. Why don't you keep the house and send him packing? His bad credit and inability to get financing is not your problem. He can find some place to rent and you take the house back. If you quit claim, he will most likely default and you will be responsible anyway, you may as well live in it and have the benefit. Rethink the quit claim, consult an attorney.
You cannot quit claim another owner off the deed. Only that person can do that. That will not relieve the former owner of responsibility for the payment of the note. The best scenario would be to pay the mortgage yourself to keep it in good status and try to sell the house, or get him out through legal means which only an attorney can advise you and refinance in your name only assuming you can afford to make the payments and qualify yourself. No lender will release someone from a note just because of personal problems. The liability issues are reasons to keep the homeowners insurance current and sufficient to cover any losses. Again something to discuss in detail with your agent. This is a sad and frustrating situation for you but you have to be proactive in protecting yourself and getting the best advice from professionals that you can. The Internet is not the place to get this advice. Good Luck to you.
Bad situation. Your only option is to keep the payments up and get it sold. You are responsible for the mortgage. Do you not want the house? Maybe if you refinanced to a lower rate you could afford it a little better? I would recomend quit claiming him off the title.
Continue with the legal action from before and sell the house, if you can't/don't want to keep the house yourself with a refinance, or qualifying name delete assumption.
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