If unmarried couples split up and one wants to move out, does the other have to buy them out of the mortgage?

Question

If a couple (unmarried) split up with 4 children involved who gets the house? Also if one person thinks to save hassle they will just move out would they get any money from the house ie: would the other person have to buy them out of the mortgage, giving the other person means to find a new home for them and their kids?

Answer 1

In the U.S., everyone on the title is equally, individually, and severally responsible to make the payments.  If they cannot, they should liquidate the asset and split the cash in whatever way they feel like./

Answer 2

Who's name is on the title? Who's name is on the mortgage? Is there any other kind of contract signed between the two people. There is no easy answer to this question without knowing the above. If the couple were married, then the laws of the state would help split up assets and liabilities. If this happens in a common law state state where the couple would be considered married, then those laws would apply. If not and this relationship had nothing in writing, this would present a perfect case for why it should. Something should have been agreed to when the house was purchased or when the first child was born.  

Answer 3

Agree on everything before hand.  If the leaving party does not want the house, you can quick claim the deed to get them off of the title.  At that point, they have no claim on the house.

After that, refinance the house and get them off the loan.

If one wants to sell it and the other wishes to keep it, you would to get a lawyer involved to resolve that.  Both have to agree on the separation to ease matters.

In all cases, consult a lawyer familiar with mortgage and title law.

Answer 4

If they are unmarried then only one person would own the house and the mortgage, I would think.  

The parent moving out would owe money for child support, but that doesn't mean the owe the other parent any money for a house they no longer live in.  

Answer 5

Talk to a lawyer.

You need to understand exactly how the house it titled, who owns what, etc.  Then you can decide if the house should be sold, who gets the proceeds after the mortgage is paid off etc.

While one owner can force the sale of the property, they can't realistically force the other person to refinance and buy them out.