Does she owe for half the mortgage?

Question

My GF and I own a house together. We are both on the paperwork and loan. She moved out and rented her own appartment to be with another man. I can not afford the payemtns on my own. Can I take her to court to have her pay? I am now 2 months behind and need to figure this out. I do not have the money for councel.

Answer 1

If her name is on the papers as an owner than she is liable for the mortgage and you can take her to court to get payment.

A better long term solution would probably be to sell the house and get something you can afford on your own and not deal with the hassle of having her attached.  If you do sell, she would also be entitled to half of the equity.

Answer 2

If she is on the mortgage papers, she is equally liable as you are for the payments and she can be required to pay half.

Answer 3

You should sell the house. I don't rally think you can force her to pay but you will both be equally responisble in the eyes of the creditor.  You should either get a new roommate or put the house on the market ASAP.

Answer 4

you are both equally responsible, and are ruining both your credit. Sell the house before you get foreclosed on. You can take her to court but...you cant pay either, you cant make her pay it all, and even if you sue her when are you ever going to see the money if she doesnt have it, just like you.

Answer 5

You may take her to court if you so desire. By then you will be a few more months behind on the mortgage, with the courts as crowded as they are these days.

If you do win the case in court and the judge ruled in your favor. The court is not a collection agency, you would still have to find a way to make her pay even with a judgment in your favor.

One or both of you are liable for the montly mortgage payment. The lender could care less as long as they receive their monthly payment each month.

The lender will attack both or one of you which ever they think can make the back payments. It appears to be you since you are still living in the property and she has moved.



Apparently she does not care about her credit since she has abondoned the property and the responsibility that goes along with it.

Now you have a few decisions that you need to make.

#1 You can leave the property and let the course run out as to the credit consequencies for the next several years since you are unable to pay the monthly mortgage on your own.

#2 You may sell the house yourself.

If you decide to sell the house you will have to get her to sign a deed and all the other documents involved in the sale of the house.

#3 You may try and make a deal with the lender for

a.  A short sale

b.  Deed in lieu of foreclosure

I hope this has been of some use to you, good luck.

"FIGHT ON"

Answer 6

Any way you look at this, she is involved.  She is obligated to the loan if she signed the note.  Making her pay however is next to impossible.  If you decised to sell, she must sign off on the sale.  You may need t consult a lawyer.

Answer 7

of course she's responsible legally if her name is on the loan.  I'd call her and let her know the consequences of a ruined credit rating..

six years no credit cards, no mortgage, no loans, no nothin!