Legal Question in Real Estate Law in Wisconsin
mortage loans
my domestic partner and I are both on our mortage note, can I have her removed if my name is first
1 Answer from Attorneys
Right to Remove Domestic Partners from Mortage Loans
I could not begin to address your question without knowing a few key points such as who owns the land. If one partner owns the land and the other is just a co-signer without ownership rights, then it is possible to remove the cosigner from the title by paying off the loan (although an eviction could also sometimes be required). If, however, the other party is an equal owner, then it is not possible to remove them without a transfer of their interest in the title. Such transfers can occur voluntarily via a deed or through various types of judicial process such as partition, divorce, dissolution of a partnership, or sometimes after a foreclosure where one party re-purchases a property to which a seller has acquired a clear title.