Can my ex force the sale of my home?

Question

I own a home with an ex girlfriend. She is on the mortgage with me and on the deed as a 50% stake holder. We were never married. I am trying to refinance the home into my name only but it is taking quite a bit longer than expected. My question is, can she legally force me to sell the home while I am trying to refinance it out of her name? She wants off the mortgage but has been less than understanding about the refinance process. The home is in Texas.

Answer 1

yes but does she have a buyer at the full asking price? You never have to sign the sale.since you are co-owner and her getting a judgment from the court to force you will take months and months. Refinances can take a while as underwriters are swampt right now if you picked the wrong lender

Answer 2

As long as the payments are made in a timely manner, the lender doesn't care who's on the deed.

The ex-girlfriend cannot force the sale of the house, as long as you are making payments. If she wants her cut of the deal, she'll have to wait for the refi to be processed. If she just wants out and money is not an object, you can ask her to sign a quit claim deed. This releases her from the deed, relinquishes all ownership claims and removes her from any responsibility for the mortgage payment. If that's what she wants, get a lawyer to draw up the papers.

Answer 3

She would need to file a partition action in order to force the sale, and that would take a lot longer than your refinancing will.  It will also cost her quite a bit of money.

To the above poster:  Just signing a quitclaim deed will NOT absolve her of her obligation to repay the mortgage.  All it will do is take her off title.  Signing a quitclaim without getting her cash out will mean that she is responsible for a mortgage on a property that she no longer owns.  She will need to sign a quitclaim at the time of the refinancing so that she is no longer in title. The old mortgage will be paid off at the refinancing, and will be a moot point.