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can my ex common law force me to sign off on a mortgage we hold?

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A

Ange

Guest
I'm looking for advice on whether or not my ex common law can force me to sign off on the mortgage on the house we purchased together. His lawyer calls trying to bully me into signing off. My ex is now remarried living in the house with his wife. He owes me some money and I don't want to sign off until I receive it. Can they force me to??
 


B

been there

Guest
I'm going thru something similar now you hold interest in the house don't sign off that would be a big mistake the only way to get your name off the mortgage is to have him refinance in his name and you are entitled to 50% of the equity in the house if you just sign off you are only signing off your interedt in the house and not the liability of the payments so he could sell the house get all the money and if he desides to keep it and you sign off then he doesn't make the payments then you are still responsable and they will come after you for them. Do everything together have him refinance and give you your fair share and in addition to that what he owes you at closing because you have to sign the papers to or don't sign it. It would be as if you and him are selling the house to hima nd his wife. And he can't buy it from you for what is owed on the property it has to be at fair market value. It's a pain but anyother way you will just be bending yourself over and letting him have his way with you. His lawyers are trying to do what's best for him and not you they represent him remember that always if it went to court it wouldn't happen the way your ex wants and that's why they are pressuring you out of court hoping to get a contract from you in writing so that the judge basically won't even look at it they will just say do you both agree and if you both say yes then that's it but don't let them bully you. I know I've investigated this because of the things that I'm going thru and my ex isn't making the payments and is court ordered to and to sell the house and is refusing to and it's ready to go into forcloser so don't let it get that far think of something where you feel your getting somethingout of it as well then settle and force him to refinance so your name is off all together because otherwise it will still be your responsibility as well and it shows up on your credit report as an obligation as well and that could affect you buying a house for yourself in the future. Let me know is this helps any
 
R

Roger R

Guest
You've been given some good lay advice. As a lawyer I think that if you really have any equity in the place, and want to get off the mortgage, you should see a lawyer. One letter from your lawyer to the ex and it is likely that instead of asking you to sign off for free, they'd pay you and get you off the mortgage. If you don't get off the mortgage it may become very difficult for you to get a mortgage should YOU want to buy a house.
 
I am in the a similar situation. (Comon-law situation) The difference for me is I am still in my home making payments for the past 3 yrs. We reconciled for about one year. During that time WE signed a mortage renewal until Sept 1/2005. In the last 3 years he has not contributed a penny nor while we reconciled. Now, he is threating to force me to sell. Is there anything I can do?
Everything, but the mortgage is soley under my name. I really want to keep my home.

signed;
Hopeful?
 

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