Evergreen Park, IL asked in Family Law and Real Estate Law for Arizona

Q: I ended a relationship and both our name are on the mortgage. How do i either sell the home or get off the mortgage

She believes the house is hers alone and that i was only there as long as she agreed to it.

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am assuming that you and your ex did not have a domestic partnership agreement or other written agreement concerning the assets acquired during the course of your relationship. Absent such an agreement, and generally speaking, if your name is on the Deed to this home in addition to the mortgage, you can often force a sale by filing a partition action. If your name is not on the Deed, your position and interest in the home will need to be established--either by agreement with your ex or by Court Order. I strongly recommend that you speak with a real estate attorney to learn your legal rights and best options.

Mike Branum and Jay Hall agree with this answer

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