Legal Question in Real Estate Law in Pennsylvania
I purchased a home with a girlfriend and both of our names are on the mortgage. Things are not working out and I may be moving out. She wants to assume the mortgage on her own. What steps do I need to take, costs associated, risks, etc.? Thank you for your feedback.
1 Answer from Attorneys
If both of you agree on changing ownership of the home, you will need the written consent of the mortgage lender. The lender will want to evaluate her credit and ability to continue paying the mortgage.
If the lender agrees in writing, you and your girlfriend should have an agreement of sale for your sale of your interest to her, and the conditions of her taking over the mortgage, including paying you for your share of the equity in the property, if there is any. You will want to be released by the lender in writing from any obligations you have on the mortgage. There should be a settlement at which you will deliver a Deed of your interest, and you will receive the lender's documents consenting to the transfer and releasing you, and any money you are entitled to receive.
This is not a straightforward process, so you should involve a lawyer to represent you and write or at least review the documents.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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