Legal Question in Real Estate Law in Illinois

My girlfriend and I are seperating and we own a house together. Both our names are on the deed, but only mine is on the mortage. The mortage company said that she can only put her name on the mortage once she has made 12 payments on her own. She wants to keep the house and I will let her, but how do I ensure that I am not held liable for the mortage payments?


Asked on 10/28/09, 2:04 pm

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

The only way you can ensure you are not liable for the payments if for your girlfriend to refinance in her name. You can have any kind of agreement you can think of between the two of you, but the lender will always have the right to look to you for payment until that loan is paid off, modified to remove your name, or refinanced.

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Answered on 11/02/09, 2:12 pm
John Lee John D. Lee and Associates, LLC

Get off of the mortgage entirely. If you are on the mortgage, then you are liable; that is the meaning of "joint and several liability".

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Answered on 11/02/09, 2:22 pm


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