Background...
I purchased my current home in 1997. In 2007 it was refinanced and I added my domestic partner (not married) to the mortgage who had lived there with me since 2002.
In 2008, I, alone, filed for Chapter 13 bankruptcy.
In 2009, my domestic partner (DP) left under hostile conditions and "abandoned" the home. I applied for a Protection From Abuse order against her, so she will never return to the home. She has not paid anything toward the mortgage since her departure.
I have been gainfully employed in the IT arena since 1994. In order to keep my home, I would like to refinance it to lower my high interest rate and successfully keep my home.
My question is... If DP is unwilling to sign to remove herself from the mortgage during a refinance, are there any other options available to remove her? Is there a timeframe for abandonment that would negate her claim/responsibility to the debt? Is there a way to forceably have her remove her name from the mortgage, such as a lawsuit or other means?
A few months ago, I originally inquired about appliing for a mortgage remodification, but it requires both co-debtors' consent as well. However, if I was going to get her to sign anything, I wanted it to be to remove her from any future documents.
I appreciate any options or insight anyone can give.
Thank you for your time...
I purchased my current home in 1997. In 2007 it was refinanced and I added my domestic partner (not married) to the mortgage who had lived there with me since 2002.
In 2008, I, alone, filed for Chapter 13 bankruptcy.
In 2009, my domestic partner (DP) left under hostile conditions and "abandoned" the home. I applied for a Protection From Abuse order against her, so she will never return to the home. She has not paid anything toward the mortgage since her departure.
I have been gainfully employed in the IT arena since 1994. In order to keep my home, I would like to refinance it to lower my high interest rate and successfully keep my home.
My question is... If DP is unwilling to sign to remove herself from the mortgage during a refinance, are there any other options available to remove her? Is there a timeframe for abandonment that would negate her claim/responsibility to the debt? Is there a way to forceably have her remove her name from the mortgage, such as a lawsuit or other means?
A few months ago, I originally inquired about appliing for a mortgage remodification, but it requires both co-debtors' consent as well. However, if I was going to get her to sign anything, I wanted it to be to remove her from any future documents.
I appreciate any options or insight anyone can give.
Thank you for your time...