how to get out of a joint morgage

Canada
February 3, 2007 8:40pm CST
my friend and his ex bought a house in october then they broke up, he pays most of everything and he paid the down payment, now she wants half, but they only lived together since they bought the house, are they considered comon law and what can he do to get her off the morgage
1 person likes this
7 responses
• United States
22 Feb 07
hey if you need to refinance call me 800-920-7710--ext 3108 great rates-lenny
@classy56 (2880)
• United States
22 Feb 07
i think that he may half to buy her half out.that is what my sister-in-law did with her ex.but every state is diffrent.then your friend will have to refinance to get her name off the morgage.unless he can try an refinance again an have her to sign the papers stateding she wants out of the morgage
@34momma (13882)
• United States
4 Feb 07
tell your friend sorry but if his girl is on the mortgage and deed then he has to buy her out. most likely he will have to just pay her back for what she put into the house
@sylvrrain (659)
• United States
4 Feb 07
Unfortunately, if the house was in both names, there is not a lot he can do except let it go to court and let the judge decide. In most cases, with a joint mortgage, it is shared, no matter what. Is selling the house an option? That way, he would only have to split the eqity. He may be able to recover what he has paid in. In Virginia, there are no common law marriages. I am not absolutely positive on the answer, but I do think he will have no choice, at least going to court with it, he may have a chance to keep the house with minimum loss. With common law marriages in your state, there is no time limit on living together before being considered common law? It seems I heard in some states the time limit is seven years. I see they have only been together for 3 months. If his ex abandoned him, with VA laws, he would have more rights and have a better chance of getting what he wanted. Of course, that is with a marriage license. I wish your friend luck.
@acc3nture (139)
• Philippines
19 Feb 07
i also believe in what "sylvrrain" had sain on his earlier post. i was looking for an article on your issue and that i found this website that i hope would enlighten you. you can go to http://yourfinancearticles.com/mortref.html .
• United States
22 Feb 07
depending on where he lives and if he can prove the down payment was his he may get that back but if she is on the title or insurance or mortgage he is sol
@XxAngelxX (2830)
• Canada
4 Feb 07
He will probably have to buy her out of the house. If they bought something together then she is entitled to some part of it. If he speaks with a lawyer, the lawyer can tell him what her share of equity would be worth in the house. I just had to do this with my husband. We bought a house six years ago with my mother. I have since separated with my husband and I had to buy out his share. It has to be re-approved by the bank as well. At least that's how it works here in Canada. Hope this helps.