Getting My Name Off of a Home Loan

My question involves real estate located in the State of: Tennessee

I am posting this for my girlfriend. Her and her ex-fiance got a home loan together roughly one year ago, mainly because his credit was too poor to get the loan himself and they had planned on getting married. He ended up cheating on her and basically moved his new girlfriend in their home, so my girlfriend ended up moving back home. He has made all of the payments on time and thats really helping out her credit, but the problem is, his credit still isnt good enough to get the loan in his name only, so my girlfriends name is still on the loan. We have plans to move in together eventually and we cant get a loan unless her name is off of the old one. What should she do? Any help would be appreciated. Thanks

the only way to get her name off the loan is for the ex to refi or this loan basically being paid off.

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Quoting jk

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the only way to get her name off the loan is for the ex to refi or this loan basically being paid off.

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Would it be a good idea to take him to court and try and make him re-finance the loan in his name?

She doesn't have much leverage over him in court. If she owned the property, she could just sell it. Is she on the deed or did she do something really stupid and deed it over to him?

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Quoting flyingron

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She doesn't have much leverage over him in court. If she owned the property, she could just sell it. Is she on the deed or did she do something really stupid and deed it over to him?

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The land belongs to his grandmother. She let them build the home on her property as a gift. She doesnt want to fight for the house, she just wants her name off of the home loan. His argument is that his credit isnt good enough to refinance and get it in his name. I told her she should just move back in, that would definitely motivate him to get her name off of the loan.

I understand that she doesn't want the house. But absent some ownership interest in it, she's got little leverage over him to do something. If she is on the deed, then she can start legal action to force the house to be sold which would either get the mortgage wiped out by the sale (provided it's not upside down) or get the ex going on taking care of things.

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Quoting flyingron

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I understand that she doesn't want the house. But absent some ownership interest in it, she's got little leverage over him to do something. If she is on the deed, then she can start legal action to force the house to be sold which would either get the mortgage wiped out by the sale (provided it's not upside down) or get the ex going on taking care of things.

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Thanks for the info Ron, just found out today that her name is infact on the deed.

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Quoting dsm4life

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Would it be a good idea to take him to court and try and make him re-finance the loan in his name?

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if he can't get a loan, the courts can't make him get a loan.

Since she is a co-owner, she could sue to partition the property. The problem with that is; if there is no equity, or given todays market, actually negative equity, it could cost her money to divest herself of this property.

She is also planning on suing for emotional distress. She has been to a therapist and will have paperwork from doctors, prescriptions for anti-depressants, and proof that even her grades in college have fallen. What do you think her chanced will be of getting awarded any money? We would probably use the money to pay the difference to get her name off of the house if it ends up being sold.

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Quoting dsm4life

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. What do you think her chanced will be of getting awarded any money?.

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for him cheating on her? somewhere between 0% and 0%. Relationships sour, couples split, many things happen; heartache is a part of life. You don't get compensated for a broken heart.