Legal Question in Real Estate Law in Pennsylvania

I purchased a home with a girlfriend and both of our names are on the mortgage. Things are not working out and I may be moving out. She wants to assume the mortgage on her own. What steps do I need to take, costs associated, risks, etc.? Thank you for your feedback.


Asked on 6/08/10, 5:05 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If both of you agree on changing ownership of the home, you will need the written consent of the mortgage lender. The lender will want to evaluate her credit and ability to continue paying the mortgage.

If the lender agrees in writing, you and your girlfriend should have an agreement of sale for your sale of your interest to her, and the conditions of her taking over the mortgage, including paying you for your share of the equity in the property, if there is any. You will want to be released by the lender in writing from any obligations you have on the mortgage. There should be a settlement at which you will deliver a Deed of your interest, and you will receive the lender's documents consenting to the transfer and releasing you, and any money you are entitled to receive.

This is not a straightforward process, so you should involve a lawyer to represent you and write or at least review the documents.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 6/08/10, 12:24 pm


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