Legal Question in Real Estate Law in Illinois

house partner

bought house with fiancee,engagement broke off.she lives in house cant buy me out iam still on mortage she had house up 4 sale but took off market.she is 3 mths plus behind mortage she broke off contact with me and all i want is to have myself removed from mortage..what can i do to have this taken care of? i do not want or expect to receive anything from the house all i want is to be cleared of this


Asked on 2/09/09, 10:48 am

1 Answer from Attorneys

Re: house partner

I dont mean to lecture but I am stating this for the benefit of others who may read your posting and the responses. Always, always, always consult with an attorney and have a partnership agreement drawn up when you are investing in property with anyone who is not your legal spouse.

That being said, there are only two ways that you can get off that mortgage, one is to have her refinance. If that wont work, then you need to place the house up for sale. If she wont agree, you will need to file a suit to partition the property; the result of which will be the sale of the property.

If you can obtain her cooperation, you should contact the lender and see if you and she can enter into a forbearance agreement pending the sale of the home.

Good luck

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Answered on 2/09/09, 10:59 am


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