As agents, we are not supposed to give you any legal advice. It is best to consult an attorney specializing in real estate - who is not just the "closer" or a "title company" only sort of attorney...
You need somebody who could go to court and win, if they have to.
Such attorneys are a step above the "closers" (those who do closings but don't go to court).
However, based on what I have learned over the years in the mortgage/real estate industry, you need to refinance to be able to take over the mortgage payment and the deed to your name solo.
This means you'll need to be able to qualify on the loan by yourself. This way you'll continue paying the loan/note off legally (mortgage is just a security instrument and the note on a loan is what is being paid off).
The bank that gave the loan is supposed to be informed about every change in ownership.
It sounds like you probably didn't inform them, just Quick Claim Deeded the original warranty deed from your boyfriend's name to both of your names, right? You got to be careful if that is the case.
Transfer of ownership might make the bank want to "call" the loan - have you pay off the loan in full,
and quickly. That is if they find out about it. Sometimes, people pay for their previous exes and the bank does not know...unless they stop paying that is...Read your closing documents for your specific bank's requirements.
Hope this helps,
Beachfront Realty, Inc.
Your mortgage could be accelerated so you may want to go through the mortgage document line by line....this would change things significantly for you.
Your boyfriend can quitclaim his interest in the property to you, and because there are potential legal and tax issues that this may trigger, you need to consult with an attorney and an accountant.
All the best,
Meir Aloni & Team
CRS (Certified Residential Specialist)
CDPE (Certified Distressed Property Expert)
RECS (Real Estate Cyberspace Society)
Successfully selling Broward County since 1986!
Direct phone# 954-338-5220 http://www.WeSellBroward.com
All Star Realty Inc.
pay the mortgage payments and hope the bank never finds out he is gone
refinance in your name only. The first way is dangerous and could make for a lot of problems when they find out. This is why it is never a good idea to buy with a boy or girlfriend - they can just leave.