Legal Question in Real Estate Law in New Hampshire

Re: Real estate and property rights

You did not indicate if the house was purchased before or after the divorce. You did not indicate if she is willing to cooperate in the process. You did not indicate what she wants out of the transaction. All of these are critical to formulating a legal response. You would be well advised to sit down with an attorney to review all of the facts and circumstances between you and the co-owner of the house.

As to the loan, you need to review the Promissory Note and Mortgage to determine if the obligations you both accepted can be modified or changed. Clearly, you will have to discuss this with the lender. Sometimes, for a fee, they will agree to allow one co-owner to accept all responsibility for the debt. However, your individual credit and the value of the house must be acceptable to the lender. In a worst case scenario you may need to refinance the house to get the debt into your name and to provide her with a release of her obligations.