Dear Edith: In February my boyfriend and I bought a house together. Both of our names are on the mortgage and title. He is now moving out to rejoin the military and we are breaking up. I want to keep the house but obviously have his name removed from the house. Do I contact the bank that holds my mortgage or the title company or who? He is willing to sign it over paperwork. Will I have to refinance?
Making you complete owner of the property is simple. Your boyfriend has a lawyer draw up a deed transferring his share to you, signs it and gives it to you. Be sure it’s entered in your county's public records and that's that. The mortgage is more complicated. Your boyfriend will remain liable for that loan unless the lender releases him. If you can qualify to carry the payments on your own income, they may agree to do that. Otherwise, you can just leave things the way they are, and he’ll still be on the mortgage. Or yes, you could re-finance, taking out a new loan just on your own. If your income and credit aren’t good enough to do that, think twice about trying to keep the house. You might just be asking for trouble down the line.