Q: i own house with boyfriend, he’s on mortgage I’m not. Both on deed joint tenants. I want to sell and leave, can he sue
We purchased the house in 2007 and I’ve been paying all of the household bills. I can’t afford to do this anymore and want to move out. He’s threatening legal action for non-payment of the mortgage but I’m not on the note. We are both on the deed as joint tenants with survivor. My solution was to suggest we sell the house so we can both walk away but he loves the fact that he’s been taken care of and doesn’t want to give that up. Can he sue me for non payment if i leave? I do not want to sign a quit claim as I have equity in the home and would like my share if/when it sells.
A: You can sue in what is called a partition action, where the court forces a sale. If you leave and no one pays the mortgage, the equity will soon disappear. If you are not on the mortgage, you cannot be sued to pay anything.
A: Unfortunately, if your boyfriend doesn't share your desire to sell the property, you are extremely unlikely to find a buyer interested in purchasing just your share of the property. For starters a buyer would not be able to find a commercial lender to finance that type of transaction. Unless you have some type of agreement that obligates you to pay the mortgage that is not in your name, your boyfriend can always sue but there would be no ground for him to recover on his claim. If you and your boyfriend cannot come to an agreement, you may bring a partition action that can force a sale of the property. If after all debts are paid there is still equity to be divided you would be entitled to share in that equity.
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