Q: How do I remove my name off a deed with a non cooperating person ? She sometimes pays the rent, and at times doesn't.
Hi there, I'm desperately in need of removing my name off a house mortgage deed that I have with my sister, in Raleigh, NC. She does and does not pay her rent and, it's ruining my credit. Because of this my credit has cause great damage to it and, I am frustrated of being the fall to person. I'm in need of serious help, she has said that she was going to remove my name, but has not done any attempts to do such and, as a result my credit is damaged. This has been on going since 2010 and I am just so serenely irriated with her and want to take legal action. The house is located in Raleigh, NC and I am located in Richmond Hill. NY
A:
You cannot avoid liability on the mortgage by simply conveying your interest in the property to your sister. It wouldn't affect your liability to the mortgage loan lender, which you incurred when you signed the mortgage note. If you can get her to re-finance (with you agreeing to sign over your interest to her), that would do the trick, but presumably she won't &/or can't do that,
Thus the only likely solution would be for you to sue her to "partition" the property. This normally doesn't mean (despite the term), dividing the property, but more likely entails selling it and splitting the proceeds. If you have any equity (the house being worth more than what is owed), you would get a portion of the proceeds (generally half, but perhaps more), less the costs of the partition lawsuit. The mortgage would be paid off and your sister would end up with the house.
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