Forced to refinance by former fiance????

[jxw5]

Recently ended a relationship with someone (never married to them) with whom we owned a home together in addition to be bought out, they want me to refinance and have them removed from deed/mortgage


If one owns a home jointly with a another party and has never been married to that party, upon the end of that relationship could one be legally forced to remove the other party from the deed/mortgage? Process has been begun to buy out the other party thru refinancing but they also want to be removed from the mortgage. Is that legally mandated? Lastly, is being served by a relative with a Writ of Summons without a complaint attached legal and binding?

 

[seniorjudge]

Q: If one owns a home jointly with a another party and has never been married to that party, upon the end of that relationship could one be legally forced to remove the other party from the deed/mortgage?

A: Yes; it is called a partition lawsuit and it has nothing to do with the marital status of the parties. The court will sell the land on the courthouse steps and then split the dough among the owners.



Q: Process has been begun to buy out the other party thru refinancing but they also want to be removed from the mortgage. Is that legally mandated?

A: See prior answer.



Q: Lastly, is being served by a relative with a Writ of Summons without a complaint attached legal and binding?

A: Without looking at the docs, I couldn't say; just assume it is valid. Go to the courthouse and get a complete copy of the file. Don't fail to show up for court. Get a lawyer. Being a relative is irrelevant.

 

[jxw5]

Even after I have bought him out of his share could he still force me to refinance to remove his name from the mortgage?

If so, typiclaly how long does one have to accomplish this? He supposedly served with with "papers" but there was no complaint attached for me to respond to.

Thank you.

 

[seniorjudge]

Q: Even after I have bought him out of his share could he still force me to refinance to remove his name from the mortgage?

A: Buying him out will require you to refinance.


Q: If so, typiclaly how long does one have to accomplish this? He supposedly served with with "papers" but there was no complaint attached for me to respond to.

A: I have no idea how long anything takes. As for the rest of your question, see my prior answers.

 

[Duranie]

He wants hsi name removed because his credit will be ruined if you are late on payments. He can go to court and request this, its called a partition. a judge will decide if you need to refi to remove him.