Legal Question in Real Estate Law in Illinois

I bought a townhome with my boyfriend, have not lived there for over two years, am currently married and am looking for a house with my husband, but I am listed on the mortgage still with my ex-boyfriend because he cannot afford to refinance the house. What do I do to be free from this obligation and protect my credit (besides a quick claims deed)?


Asked on 12/20/09, 3:27 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

If he cannot afford to refinance, then you either need to buy him out, and sell it, or have him sell the house. If he will not agree to do so, you will have to sue for partition and force a sale I know of no other way to free you friom this obligation and protect your credit.

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Answered on 12/25/09, 8:21 pm
Thomas Moens Moens Law Offices, Chartered

It would likely be a bad idea to sign a quit claim deed. The deed would convey your interest to your former boyfriend, but you would still be responsible for the mortgage loan. Your only options are buy your former boyfriend's interest in the property, or file a partition action, where the court would order a sale of the property and from those proceeds the loan would be paid and the proceeds divided between you and your former boyfriend. The proceeds might not necessarily be divided evenly, since you might have differning contributions to the property. You should contact a real estate attorney in your area to assist you.

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Answered on 12/28/09, 1:38 pm


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