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HOME EQUITY Q & A

Q. My girlfriend and I recently broke up, and she was originally willing to just let me have the house. Now she wants her name off the mortgage. I can afford monthly mortgage payments and am already looking for a roommate. But I can't afford to refinance the house in just my name. Can she force me to sign papers to remove her name from the mortgage?

A. Your former girlfriend seems to have a big misunderstanding about how home loans work.

No lender will allow her to simply take her name off the mortgage. Each of you is responsible for making the full payments. Not half of the payments. The full payments. And the mortgage holder won't allow her to walk away from that obligation no matter what you may be willing to do.

It doesn't matter what you are willing to do. She's on the hook for this loan until it's paid off.

Since you say you can't refinance on your own, selling the house and ending this financial relationship now seems the best alternative.

It's not wise to keep the current mortgage and continue making the payments on your own. Why? Because if your former girlfriend's name is on the mortgage, then it's almost certainly on the title as well. She can claim half of the profits whenever the home is sold, even if she hasn't been paying her share of the mortgage (or maintenance and repair costs).

This is why we urge anyone buying property with an individual who is not their spouse to have a real estate attorney draw up a contract that lays out everyone's responsibilities and provides a plan for dissolving the partnership if someone wants out of the deal.

Although it doesn't sound like you did this before buying the home, it's not too late to consult with a real estate attorney now. Yes, it will cost at least a few hundred dollars to get that help, but you need some expert advice to unwind the financial relationship with your former girlfriend.

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3/18/2010 4:59:05 PM
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