Q: Can I petition the court to have my name removed off of the loan and title of my house?
I am wanting to sell my house but my ex-fiancé who is also listed on the loan and title refuses to sell. I have tried to refinance the home solely in his name but he is completely unreliable and doesn't follow up to get the process going. I want to sell because the home is no longer safe to be in and he abuses and uses drugs in the house on a regular basis. I just want to be free from this situation and move on with my life. I am wondering if I can petition the court to have my name removed off of the loan and title?
A: You are in tough spot. You could hire an attorney and file a partition action. But you don't have a right to get removed from the loan. The lender likely wouldn't have made the loan to only one of you and now would be foolish to release one of the two borrowers because doing so would increase risk to the lender.
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