Legal Question in Real Estate Law in California
My name is on the mortgage of a home in Tucson, AZ where my ex partner and his wife are now living. The other owner is currant on the payments but my credit is implicated and not allowing greater freedom in my financial obligations. He (former partner) does not want to re-fi as he has been unable to find a reasonable rate for a jumbo loan.
2 Answers from Attorneys
You made a statement of facts, but didn't really ask a question. I assume you want to know how you can, if at all, get yourself "off the loan." One missing fact is whether you are also on title. If you are, you have some legal tools including the threat of a partition lawsuit. If you are not, your main hopes are that (a) there is some kind of demonstrable agreement between you and the ex-partner that can be enforced now, or (b) that you contributed to the down-payment on this home and can establish co-ownership under a purchase-money resulting trust theory, which in turn would give you a right to demand a partition, and so on. Very likely, Arizona law will apply and you'll need to re-ask with additional facts as an Arizona question.
As Mr. Whipple notes at the end of his treatise on California law, this is an Arizona law question. You need to ask an Arizona lawyer.