Q: I own a home with fiance. Both names on house. He has become pyscially abusive to me and I now have PFA against him whic
Evicted him from house. I now plan on selling the home and moving on. Is he still responsible for 1/2 of the mortgage payments while I live there until it's sold?
A:
Unfortunately, you have a complicated problem and need to consult with a lawyer for advice and handling.
I am assuming that there is no agreement, like a pre-nuptial agreement, that planned for a possible break-up and resultant sale of the home.
If both of you signed the mortgage and underlying note, both of you are responsible for payments. Yes, he is responsible for his half, but, if he does not pay, you will have to pay everything to the lender, or risk foreclosure, and then go after him to collect his half. That will be time-consuming and expensive, and, undoubtedly, emotionally draining.
Secondly, even though you got a PFA, you may be responsible to pay him rent because you are occupying a home that he co-owns. You need to review this with a domestic relations lawyer in order to be adequately advised.
Finally, you cannot list the home for sale or sell the home without his agreement and participation, as he is a co-owner. If he will not participate, you will have to file what is called a "partition" action. Basically, that will get you a court order that will allow the house to be sold whether he cooperates or not. Unfortunately, that will also be time-consuming and fairly expensive.
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