Legal Question in Real Estate Law in New York

what am I entitled to?

my boyfriend and I are both listed on the mortgage. I am thinking about leaving him. I am just wondering what I am entitled too because he wants to keep the house. How do I get my name off the mortgage and how much does he have to give me?


Asked on 10/17/06, 3:51 pm

1 Answer from Attorneys

Bunji Fromartz Fromartz Law Offices

Re: what am I entitled to?

Assuming your name is on the deed and there are no other agreements you each own half. But with most banks the only way to get your name off the mortgage is for him to refinance without your name. It can be done by a sale from you to him or a straight refinance.

If there were other agreements about the percentage each of you own, they will have to be examined before the value of your share is determined.

The amount that he would have to pay you is your share less your share of the mortgage.

A lawyer should be contacted to help in the valuation, transfer and removing your name from the mortgage. FromartzLaw.com

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Answered on 10/17/06, 6:26 pm


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