Lincolnton, NC asked in Real Estate Law for North Carolina

Q: my boyfriend and I have bought a home together. What happens if we split up and he moves out?

He is the primary on the home loan and I am co-signer. Can I have him taken off of the loan if he moves out so that the home will be in my name only? We both pay half of the mortgage.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: You can ask t he lender to remove his name from the Note, but they are not going to do that without a payoff or a refinance (which is a payoff to them). You all are probably Tenants In Common, but you need to ascertain your exact estate. Read the Deed. There are also taxes and insurance, so you are vulnerable here.

Later on a Partition Sale may be required if nothing else is agreed to by you and his Heirs.

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