Legal Question in Real Estate Law in Maryland

Buy out of roommate

My new husband and our roommate bought our house a couple years ago. Now that we are married, our roommate wants off the deed/mortgage so he can move out. Also, once the names are mine and my husband's, I would like to refinance since my credit is a lot better. Where do we start?


Asked on 9/21/08, 10:49 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Buy out of roommate

The only way to get the roommates's name off the mortgage is to refinance. So you and your husband should apply for a loan in a sufficient amount to pay off the current loan, and if the roommate is expecting to get any money out of the transaction, to cover that as well. If you get loan approval, you select a settlement attorney with instructions to have him/her prepare a deed in which your husband and the roommate convey their interest to you and your husband. That deed must of course be signed by the roommate and your husband.

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Answered on 9/22/08, 10:46 am


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