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Q & A - We Broke Up, How do I get him off my Loan?

By
Real Estate Broker/Owner with House to Home, Inc. - Denver Real Estate - 720-231-6373 DRE# ER40011786

Q & A - We Broke Up, How do I get him off my Loan?

 

Breaking Up is Hard to Do!

We broke up, and now I want him off my loan!   How do we accomplish this?

 

It is not that easy.     You should call your current lender and see if they can do something in-house for you.    You may need to prove to the lender you can qualify for the mortgage without his income.     The option to refinance could be the only option, which will require closing costs.   Your current lender actually may be able to do something in-house, and only have a new appraisal done.

 

Not being a lender, I can direct you in the right direction.    Something else you need to think about - if you have to sell and have not owned it for 2 full years, you may want to contact your tax professional and ask about capital gains.   They may be able to use the "break up" as a good reason and not have to pay these gains.   At any rate, talk with the professionals - lending and accounting to see what your best options may be for your situation.

 

 

 

Posted by

Joan Cox
Broker/Owner, REALTOR®
House to Home, Inc.

Serving the Denver Metro area including all suburbs


Helping Buyers and Sellers achieve their real estate dreams, one house at a time!

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Comments(20)

Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Joan, That song, Breaking up is hard to do" comes to my mind when reading this. In more ways than one. We can't just get someone off of a loan.  There are no break-up provisions in a promissory note.  

Aug 28, 2013 08:40 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Kathleen, I almost added that video, but wanted it to be on a serious side.   My lender said it was a possibility here in Colorado.

Aug 28, 2013 08:41 AM
Potranco Realty
Potranco Realty - San Antonio, TX
"Sold with Potranco Realty"

Joan, it's sad when this happens but you offered a couple solutions and the answer is just don't do it in the first place.... OUCH!

Aug 28, 2013 08:51 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Joan

That can be a real problem . . . . and that'e what need a professional.

Good luck and success.

Lou Ludwig

Aug 28, 2013 08:55 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Joan, selling or refinancing are the only options.  Depending on the type of Mortgage there can be different options, so your advice for them to talk to their Lender is the best advice to give.

Aug 28, 2013 09:39 AM
Anita Clark
Coldwell Banker Access Realty ~ 478.960.8055 - Warner Robins, GA
Realtor - Homes for Sale in Warner Robins GA

Joan: Smart advice to call in a professional to provide the details on what options are available.

Aug 28, 2013 10:02 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

George, was hoping you would respond to this post, and looking forward to your comments.    They will call their lender and see what happens.

Aug 28, 2013 10:20 AM
Kwee Huset
Kwee Huset Realty - Venice, FL
Venice Florida Homes For Sale

Hi Joan, this is a difficult situation ... emotionally, financially and cooperation from the lender to remove the name.   

Aug 28, 2013 10:52 AM
Gloria Todor
Premier Property Sales & Rentals - Springfield, PA
& Doug Durren (484) 431-3686 in SE PA

Hi Joan, This is a hard one if it is dependent on both incomes.  Have seen this too many times unfortunately....

Gloria

Aug 28, 2013 11:22 AM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Joan - So many folks think things like this are easy to resolve. Last year I had a couple under contract on a short sale and just when we received approval they broke up, needless to say it wasn't a simple fix getting her off the approval or loan application.

Aug 28, 2013 11:43 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Love is tough and then things like this happen. Directing her to the lender is the only option. Who knows what will happen.

Aug 28, 2013 12:22 PM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Hi Joan, like the song goes... "breaking up is hard to do".  Sorry just had to say this :)

Aug 28, 2013 01:06 PM
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Yikes!  Sorry you're dealing with this Joan.  Very stressful on everyone in the transaction.

Aug 28, 2013 02:05 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

A good question to put forth Joan...I am asked this quite a bit but especially with short sales.

Aug 28, 2013 09:23 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes, it can be done.  But it will need the cooperation of all the parties involved.  Not always an easy task.

Aug 28, 2013 09:45 PM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Never buy anything with someone who is not your spouse.  Never merge bank accounts with someone who is not your spouse.  Never take out a credit card or a cell phone contract with someone who is not your spouse.  etc........

Aug 28, 2013 11:16 PM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

YIKES! That can be a problem. EVEN if the other person is willing to give it up. I see an attorney in the future.  Oh my!

Aug 29, 2013 12:06 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I have suggested meeting/speaking with their lender and a lawyer!     Luckily they are being civil!

Aug 29, 2013 01:12 AM
Joy Daniels
Joy Daniels Real Estate Group, Ltd. - Harrisburg, PA

Definitely a reason to call your lender. . . why we as lenders need to respond to questions like these with answers that tell them they need to contact a lender, attorney, accountant or other type of professional.

Thanks!

Aug 29, 2013 04:57 AM
Roy Kelley
Retired - Gaithersburg, MD

This becomes an issue with many couples. It is difficult to resolve when there is limited on negative home equity.

Aug 30, 2013 09:43 PM