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2006-08-11 14:08:58
2006-08-11 14:08:58

First determine how much the house is worth and the balance of the mortgage; subtract one from the other to determine the equity. Divide this by 2, and this should be what one has to pay the other. Have an attorney do a quit-claim deed--in which one person giving the house over to the another for a certain dollar amount. (So if the house is worth $100,000 and the balance on the mortgage is $75,000, then the equity to be divided between the two should be $25,000 or $12,500 a piece. If a mortgage was done with no money down, only closing costs and it is within the year of buying--(no big improvments made), then you would divide what was paid in closing costs by two of you. NOW, my question to you is---Did you both sign on the loan?? If you both signed, then whoever is keeping the house has to refinance the mortgage. The existing loan with both signers has to be paid off--otherwise both signers will still be responsible for the mortgage. The lender WILL NOT remove anyone off the papers because you say so even if you have a quit-claim deed. The loan has to be paid off.

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