Legal Question in Family Law in Minnesota

Re: mortgage

Thank you for your question. This is a very common problem that we encounter ever more frequently.

As I read it, your posting actually asks two questions: First, how you can compel your boyfriend to leave the home you purchased jointly, and second, how you can remove his name from the mortgage.

The second question is the easiest to answer, at least from a strictly technical standpoint: refinance the existing mortgage with a new mortgage on which you alone are the responsible party. Short of refinancing, there is no other means of releasing one party from liability on a mortgage (unless the bank agrees, and that, I assure you, will never happen.)

I suspect your real question in this regard has to do with terminating your boyfriend's ownership interest in the home. In effect, you now want to own the home alone, and not jointly with him. It is possible to accomplish this result without refinancing the mortgage, although the result will not be perfect, and will require his cooperation. All that's required is for him to give you a quit claim deed that conveys to you any interest he has in the home. The problem is, however, that he will probably want to paid for "his share" of the equity, and I gather from his refusal to leave that this issue remains unresolved.

Nevertheless, assuming you can reach an agreement, he may not be willing to accept payment and give you a deed, since he will remain obligated on the existing mortgage -- even if he gives you a deed that conveys to you all of his interest in the property. His liability for the existing mortgage can only be terminated if the mortgage is paid off, presumably through a refinancing in which you assume sole responsibility for the new mortgage. If you are unable to do so, he could force you to sell the home through something called a partition action. This is basically a law suit in which he asks that the home be sold, the mortgage paid off, and the sale proceeds divided between you.

This leaves us with your second question: how do you make him leave? Short of a restrainging order for domestic abuse, you cannot "force him" to move out. He, like you, has a right to occupy the home. And should he decide to stay in the home, and you then decide to move out, perhaps it is you, not him, who should consider a partition action to compel the sale of the property.

Good luck. My contact information is below if you have any further questions.

Re: mortgage

If you purchased the home with your boyfriend and you are both on the title, he has as much of a right to reside in that house as you do.

Moreover, if he is also named on the mortgage, he has an obligation to pay that debt and his credit could be harmed if you were to make a late payment or to fall behind on payments.

To avoid such issues, it is wise to have cohabitation agreements in place before such purchases occur. Such agreements define each person's interest in property and how it is paid.

Without agreemennts, you have two choices:

(1) Resolve the dispute by mediation and agreement; or

(2) File a Partition action in court to determine each person's respectiv interest in the real estate.

For a consultation, call uus or visit divorceprofessionals.com

Re: mortgage

The only way you can get his name off of the mortgage is by refinancing.

The only way you can get his name off of the title is to go through an

obscure legal process called a 'partition action.' Neither of those

legal proceedings will get him out of the house. On paper, he has as much right to be there as you do. One of you will have to 'buy the other one out.' You'd need to determine how much the house is worth now, and how much it was worth when you bought it, subtract the mortgage balance, and you are left with the 'equity' of the house. The person who stays should pay the person who leaves 1/2 of the equity of the house.

If you have any further questions, please give me a call.

Herbert C. Kroon