San Diego, CA asked in Family Law and Real Estate Law for California

Q: I am on a mortgage loan with my SIL and want to get out of it but she does not want to refinance or sell. What to do?

I am not on the title but I am on the loan.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you're on a mortgage loan but not on the title, getting out of it without refinancing or selling can be challenging. Since you’re responsible for the loan, but have no ownership rights, the situation is more complicated. Your best course of action would be to try to negotiate with your sister-in-law (SIL) for a solution that benefits both of you.

One option is to suggest that your SIL refinance the loan in her name only. This would remove you from the financial obligation while allowing her to keep the property. If she refuses, you might consider consulting a legal professional who can help you explore other options, such as a partition action or negotiating a buyout agreement.

If there is no amicable resolution, it may become necessary to protect your financial interests by taking formal legal steps. This could involve legal mediation or, in some cases, litigation to resolve the matter. It's important to carefully consider your options and seek professional guidance to avoid negative impacts on your credit and financial stability.

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