Mechanicsville, VA asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Civil Litigation for Virginia

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.

3 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Estate Planning Lawyer
  • Alexandria, VA
  • Licensed in Virginia

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.

Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

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

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL

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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