Mesa, AZ asked in Bankruptcy and Real Estate Law for Arizona

Q: Is it considered abandonment if I move out of my house while in the process of selling?

My friend and I purchased a home together. We are co-owners. We are both on the title and mortgage. We're not married, but we were together for some time after buying the house. We're no longer friends, and are in the process of selling the house. I filed Ch.7 bankruptcy last year and the mortgage loan was discharged. Due to a hostile environment, I decided to move out of the house while we're selling it. The co-owner is threatening me with abandonment of the property since I'm no longer paying the mortgage and attempting to claim 100% of the equity in the house. So far, of the 18 months we've owned the house, they would have paid the mortgage for 1 full month themselves. I contributed the other 17 months. Can they threaten me with property abandonment and claim 100% equity?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. They cannot. Get all your payment records together.

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