Removing Someone From a Deed

[jillelizabethla]

What is the name of your state? California - I've recently ended a 16 year relationship. Though my ex and I never lived together, I accepted a one time $25K loan which I used to help with a downpayment on my house purchased 9 years ago. I listed her on the deed of my house simply in case anything should happen to me. I now want to remove her from the deed and am wondering the best way to go about doing so. She never made any mortgage, property tax, etc payments at all in the 9 years. Just the loan. Because it was a loan to me and not a real estate investment, is it fair to offer the amount of the loan plus interest that she would have accrued if in a bank over the last 9 years as compensation? Or would she be entitled to the % of the overall worth of the house based on the % of the downpayment?

Thanks!

[seniorjudge]

The amount you pay her is determined by what y'all negotiate.

If there is a mortgage on the place, then the mortgage company may call the whole loan due if you change the title.

[FlyingRon]

If you were married and this breakup is a result of a divorce action, the mortgage company can not call the loan just because one party is removed from the deed. Of course, your ex would be foolish to not make release of her interest contingent on a refinance to remove her obligation to the mortgage.