Chicago, IL asked in Real Estate Law for Florida

Q: What could be the outcome when being sued by the person you share a mortgage with but are not married to ?

I share a mortgage with an ex partner that I never married. I paid the down payment as well as every mortgage payment since the beginning. She is now suing me for the house asking I sale the house and give her half. Will the court care that I’ve paid everything? Or does it not matter who has been paying the mortgage and she will get half of something she never paid for?

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1 Lawyer Answer
James Clifton
James Clifton
  • Fayetteville, GA
  • Licensed in Florida

A: It sounds like she has filed for a partition of the property. As a co-owner, she is entitled to half of the property. However, her interest in the property is subject to equitable offset for expenses you incurred individually during the joint ownership of the property. You should be able to offset her half of the equity in the house by interest, principal, taxes, insurance, maintenance, and other expenses incurred. Schedule a free consultation to make sure your interest in the property is protected.

Terrence H Thorgaard agrees with this answer

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