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Cohabitation
How do I force my ex-boyfriend to refinance and take my name off the mortgage?

How do I force my ex-boyfriend to refinance and take my name off the mortgage?

Full question:

I (unfortunately) bought a home with my Boyfriend 1 1/2 years ago. He could not qualify by himself so I am co-borrower. My name is on the title and the mortgage. Well, needless to say the relationship has ended. I am on Social security disability and I did work part-time last year but I definately couldn't afford to make the mortgage payments on my own. He started making my life miserable after I moved into the spare bedroom. He told me I had to leave because it was his house and he has more rights because he makes more money than I. I ignored him for as long as I could but mentally it took a toll on me. He even changed the locks on the door. So what are my options? Can I force him to re-finance and to get my name off of the mortgage? What about getting any compansations? I have nothing. No where to live, no car, no money.

Category: Cohabitation
Date: 04/07/2025
State: Minnesota

Answer:

Please see the information at the following links:

http://www.glad.org/rights/PropertyDivision.pdf

http://www.traversecityfamilylaw.com/Documents/Cohabitation%20and%20Real%20Property%20Ownership.pdf

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What rights do I have if I live with my boyfriend?

If you live with your boyfriend but are not married, your rights depend on state laws regarding cohabitation. Generally, you may have rights to shared property if your name is on the title or mortgage. If you contributed financially to the property, you might also claim a share of any equity. However, without a legal agreement, your rights could be limited. It's wise to consult a family law attorney to understand your specific situation and rights.

Do I have rights to my boyfriend's house?

Your rights to your boyfriend's house depend on whether your name is on the title or mortgage. If you co-own the property, you have legal rights to it, including the right to sell or refinance. If your name is not on the title, your rights may be limited, but you could still have a claim if you contributed to the mortgage or property expenses. Consulting a legal professional can clarify your rights.

Can my boyfriend make me move out of his house?

If your name is on the lease or title, your boyfriend cannot unilaterally force you to move out without legal proceedings. However, if you are merely living in his property without any legal claim, he may have the right to ask you to leave. It's essential to understand your legal standing and rights in your specific situation, and consulting an attorney can provide guidance.

What are my rights if my name is not on a deed?

If your name is not on the deed, your rights to the property may be limited. Generally, you would not have ownership rights, but you might still have claims if you contributed to the mortgage or maintenance costs. In some states, you may have rights under common law or equitable claims. It's advisable to seek legal advice to explore your options.

What happens if you break up but bought a house together?

If you break up after purchasing a house together, both parties may have rights to the property if both names are on the title and mortgage. You may need to negotiate who will stay, sell the property, or refinance to remove one party. Legal action might be necessary if an agreement cannot be reached. Consulting with a family law attorney can help clarify your options.

Can you remove someone's name from a mortgage without refinancing?

Generally, you cannot remove someone's name from a mortgage without refinancing. The lender typically requires a new loan application to reassess creditworthiness. If the co-borrower does not agree to refinance, you may need to pursue legal action to resolve the situation. Consulting with a legal professional can provide guidance on your specific circumstances.