Q: would i be responsible for closing cost if my ex is refinancing to get my name removed. not lived there for over a year
We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she liable to buy me out or would it be easier to relinquish any equity that has built up and just walk away once she refinances.
A: Based on my experience, unless you are one of the parties who is the borrower of the refinancing, you are not obligated to pay for any closing costs.
A: Where you have been living is very likely to be irrelevant. What the agreement says is likely relevant. Set up a consult with a lawyer to review it and the facts.
Bruce Alexander Minnick agrees with this answer
A: There are more than one question raised in your description of the facts--the first of which must be resolved between your ex and the lender--who may not let her off the existing note and mortgage. The secondary issue about who pays closing costs if your ex is allowed to re-finance the house without you can be resolved by you and your ex; and if that fails, this issue can only be solved by asking the court to modify the agreement.
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