Legal Question in Real Estate Law in Florida
Bought a house with girl friend. Things did not work out. She is still living in the house and paying the mortgage. I want my name off the mortgage. She will not sell the house and claims she cannot get a refi. What can I do?
Asked on 8/04/16, 3:16 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
If you are on title, your remedy is an action in partition to force a sale by the court.
Answered on 8/04/16, 3:56 pm
Barry Stein
De Cardenas, Freixas, Stein & Zachary
You cannot just get your name off the mortgage unless the bank or mortgagor allows you to be removed. A partition action will only provide for a forced sale of the property. you remain responsibility for paying and satisfying the mortgage. Seek some legal guidance with all your paperwork.
Answered on 8/04/16, 8:26 pm