I’m not sure if this is the right place to ask, but I really need some advice. My mother-in-law (MIL) bought a house with a man who agreed to pay the full down payment of $25,000 and live with her. At first, they were close, but now things have gotten really bad, and they are just roommates with a lot of tension.
She needs him to move out quickly, or she might need to leave instead. He’s not willing to do this easily. My question is: what can she do to get him off the mortgage? Or should she just sell the house? He’s not going to cooperate, so how can she handle this without him? Does he have as much power in this situation?
Thank you for any help.
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Sell, pay it off, or refinance. No lender will voluntarily relieve them of their obligation.
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What are the potential consequences if she refinances but doesn’t have the financial means to qualify for purchasing the home independently? She already owns the property, but what implications could arise if she refinances without being able to afford it on paper?
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In that case, she won’t be able to refinance, and he will remain on the mortgage.
She doesn’t “own” it until it’s fully paid off; to remove him from the mortgage, she would need to refinance it.
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He would need to agree to this, as it cannot be done unilaterally.
The only way to remove him from the mortgage is to refinance it solely in her name. After that, a quit claim deed is needed to transfer him off the title, with his agreement being necessary.
You can’t simply remove someone from a mortgage, as lenders typically won’t relinquish the ability to pursue that person for payments. To make a change, you’ll need to either refinance the mortgage, pay it off in full, or sell the property altogether. A more critical concern is whether that person is on the deed or title. If they are, the situation becomes more complex, as they have legal ownership of the house.
Walk away entirely and allow him to take on the financial responsibilities. Even if it’s just for a short while to find some peace of mind. He might take the hint or lose interest and leave on his own. A foreclosure or short sale would be a minor consequence compared to the risk of a violent confrontation, which seems possible based on what you’ve shared.
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even if it’s merely violence against the house; destroying walls and smashing items…
Some mortgages can be assumed, but he would need to agree to that. I also think he would need to be agreeable for refinancing too. If the situation is hostile and involves abuse, she might consider obtaining a protective order. However, I’m not certain if that would affect the mortgage situation. If not, she would likely need to sell the house and divide the proceeds with him.
You cannot eliminate him from the loan. You need to either sell or refinance it.
It’s not a meat market; it’s a home. Your mother-in-law really messed things up. Now it’s time to face the repercussions.
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I concur. I’m simply looking for ways to assist.