Anonymous
Guest
0 post
1-Jul-2008
12:10 PM 
My son and his (now former) girlfriend bought a house together four years ago; she has now left the state and pays nothing toward the mortgage. The house has been up for sale for the past year. Any advice would be appreciated as to handle this "messy" situation i.e. what happens if and when the house sells and if it does not; is there any way to get the house solely in his name as he assumes all financial responsibilities for the house. She did contribute to the downpayment. Thank you. Barbara
L Sigman Esq
69 post s
6-Jul-2008
8:28 AM If girlfriend's name is on the deed, you can't sell the property without her signature on the new deed at the sale/closing.
The simplest solution is to have girlfriend sign a quit-claim deed to your son. He would then need to refinance to get her name off the mortgage. He can't refinance without her consent/signature, if she is on the deed.
If she is not on the deed, and only on the mortgage (this would be unsual, but not impossible) you can sell the property without her consent/signature. If there is any money left after the sale you can return her down payment to her.
Please feel free to contact our office, or have your son do so, directly if we can be of assistance.
SIGMAN LAW OFFICE, PC