Posted on: 22nd Apr, 2010 05:19 am
i bought a house with my son's father about five years ago. we tried to keep everything out of the courts, and i let him physically have the house, because i moved in with my parents. we've gone around and around about getting my name off of the house. i don't want anything from the house, and just want my name off of it. he has suggested that after three years of me moving out that i pay $2500.00 for him to refinance the house without my name on it. i've never asked for anything from him, and i don't think i should have to pay that fee. is there anything that i can do to just get my name off of the mortage and title without paying him that money? i think he might be trying to claim that i abandoned the contract. in reality we just aggreed that he could have the house. now, he has documentation that he has paid the mortage, and all i have is my word. guess, i should have just taken him to court from the beginning. that is what i get for trusting him to do the right thing?
JJ, I agree with you that you ought not to have to pay $2500 for him to refinance the mortgage. Obviously, he feels that his having paid for the mortgage for this time period, it's fair to ask you for that. Had there been equity sufficient in the home to share, would he have been as forthcoming with that? I wonder...but that's just a digression.
The upside here seems to be all his...he gets to remain in and retain the house, and with interest rates as low as they are, I'm thinking that he'll derive the benefit of a lower rate as well. You, on the other hand, receive only the benefit of not being obligated on the mortgage. That seems like a negligible benefit anyway, since he's made all the payments.
I would suggest you hold out on agreeing to pay that $2500, and see where that leads you. The worst case scenario would be that you'd still be an owner of the house if he doesn't refinance (are you obligated on the mortgage note as well?).
The upside here seems to be all his...he gets to remain in and retain the house, and with interest rates as low as they are, I'm thinking that he'll derive the benefit of a lower rate as well. You, on the other hand, receive only the benefit of not being obligated on the mortgage. That seems like a negligible benefit anyway, since he's made all the payments.
I would suggest you hold out on agreeing to pay that $2500, and see where that leads you. The worst case scenario would be that you'd still be an owner of the house if he doesn't refinance (are you obligated on the mortgage note as well?).