Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I bought a property 4 years back, with my ex-boyfriend and sister. The three of us are registered in the home loan, and the title deed. I am separated with my ex due to abuse and also have a restraining order against him. One of the orders is not to contact me and come to this house that we (the three of us) bought. I have been financially responsible to pay the home loan and it has been deducted from my salary since day one. My sister is willing to give me her shares for free, but my ex-boyfriend does not want to, but rather demands his shares in cash. He is currently in jail serving 16 years for robbery. What will the procedure be to remove his name from the home loan and title deed without selling the house? I am currently married in community property for the past three months.”
People talk about removing someone from a loan, but as a practical matter, what is usually done is refinancing the loan with the new borrowers on the new loan. If refinancing is not a possibility, you can inquire with the lender about having them voluntarily remove one person from the loan, but don’t expect them to be very enthusiastic about the idea. From the lender’s perspective, one more responsibile person is usually a benefit.
In terms of the property itself, however, you do have a legal option, but it’s not too far different from what your ex is demanding. It’s called an action for partition, and it usually results in either a buyout or the property being sold and the proceeds split amongst the owners.
