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  1. #1

    Question How to Get Your Ex-Partner Off of Your House Title and Mortgage

    My question involves real estate located in the State of: Oregon,Portland

    My main issue is that I am seeking a way to fairly find a value to see my ex-partner off my mortgage. I feel I am unable to refinance, since my credit score has wavered with your combined debt. He is on both the title and the mortgage. I understand we will need a real estate attorney, but I also would much rather we go through mediation to begin negotiations on the amount he is owed. Should I be contacting an attorney to find this estimate for us or should I start with mediation to reach an agreement first?

    A bit of our background.

    I am a home owner from Portland Oregon, sharing a home with my ex-partner and both of our names on the home’s title. When we first bought the home, he paid a $12,000 down payment. This was around 5-6 years ago. Shortly after this, he left his job and has taken a 5 year “sabbatical”. He has not worked in the last 5 years, coming this fall. We have shared debt, 8k of that debt being his credit cards.

    We have clearly ended our romantic relationship. But in seeking a fair agreement to share cost (mortgage, taxes, interest and all other housing costs, including maintenance, utilities and living), he has refused to currently support this split evenly. He has refused all personal negations and has not paid any expenses, even after taking out his IRA 60 days ago. He has not shared how much that amount was.

    He has begun to demand that he be "bought out" of the title. The last time the house was appraised in September 2016, the figure we were given was around 318K. He has suggested a number that he should be paid out, but it has varied, 50k to 20k. He has recently decided that $30,000 is the amount he should be paid out, but will not provide me with the source of how he came to this number. The figure is based on his estimate of what is owed, for the time he we have lived in the house.

    My credit is not strong enough to refinance the house to get a loan and he is aware of this, yet has threatened to force a sell of the home (which I know to some extent he can do, with courts)and many other tactics to take a 50/50 split “or more”. I think my only options to move forward are attempting an Assumption, Requesting a Novation or selling the house. Selling the house is not something I want, since we are still living in the house. So I have been attempting to find a formula for an estimated value of what he would be owed, including his 12k down payment. I am the only source of income in the house.

    I just don't know if a consultation will be enough to find that number or should we be going to mediation before going to lawyers. I can only assume all fees and cost will be on me. The reason that I am seeking as much information before calling around today. Thank you for any advice.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Get Your Ex-Partner Off of Your House Title and Mortgage

    He can remove himself from the deed by deeding his interest in the home to you. If that's what you both agree should happen, have a real estate professional draft the deed, execute it, and register it. If you cannot agree, or agree on everything but the amount you will pay to buy out his interest, your best bet is to keep negotiating -- mediation will cost you money, and litigation will cost you a ton of money.

    He's going to remain on the mortgage until the bank agrees to release him, or until it is refinanced or paid off. If you don't qualify for a mortgage on your own, you should expect that the bank will not agree to release him.

  3. #3
    Join Date
    Sep 2010

    Default Re: How to Get Your Ex-Partner Off of Your House Title and Mortgage

    The other option is to sell the house and split the proceeds. That's what will happen (and there will be fewer proceeds for sure) if he attempts to force the issue in the courts.

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