Legal Question in Real Estate Law in California

Unfortunately your options are very limited. You can either try to convince the lender to re-write the loan into your boyfriend's name alone, or sell the property. If you ex does not voluntarily want to sell, your only other option is a partition action. In a partition action a court will determine each party's ownership interest, order the property sold and the proceeds distributed to the parties, after payment of all expenses of sale.

What you can do depends on if the house is worth more that you owe or not . If it is and your ex has good credit and can support the loan he could refinance in his name and buy you out. If that is not the case then you should try to modify the loan and get the bank to remove you from the note. If that fails you could arrange a short sale of eh property but that will effect your credit although not as much as a foreclosure.

If he doesn�t agree then you could sue him for a partition action and get a court order to sell the house. That should give you some leverage if your ex- is not going to co operate.

First try to discuss with him and then with your bank