Bought house with ex and left to pay a mortgage I can’t afford.

UPDATED: May 28, 2009

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Bought house with ex and left to pay a mortgage I can’t afford.

I purchased a house with my ex fiancee in March 07 and we broke up in Oct 07. The loan is in my name only but the title is in both of our names. I moved out and he has been living there & paying the mortgage since then but has recently decided to walk away from it. I do not have the money for the mortgage. What is your advice as to the next steps I should take?

Asked on May 28, 2009 under Real Estate Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The best way to deal with this depends on all of the unique facts of your case, and the laws of your state.  There is too much at stake here to guess, so please consult a real estate attorney in your area, for a full review and reliable advice.  One place to find qualified lawyers is our website,

I'm not a Texas attorney.  In many states, you would be able to file a suit for partition, to force a sale and an even division of whatever might be left after paying the mortgage and the costs of sale, if he won't agree to do that.  One question that might cause problems is dividing any unpaid balance on the mortgage after the sale, if that is a possibility, and you can't deed the property back as full payment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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