Can one person sue if we own a home jointly and are not married?

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Can one person sue if we own a home jointly and are not married?

I own a house with someone I am not married to. Neither of us live there and we currently rent it out. Is there any way for either of us to sue the other for compensation if we are both on the mortgage (I am primary)? I assume we both are liable and if one is not contributing it is the duty of the other to pick up the slack and there would be no grounds to sue.

Asked on January 16, 2012 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I see what you are saying: you have no agreement between you to pay ut with the mortgage company.  But that is not true.  The mortgage - I am sure - holds you both jointly and severally liable for the debt.  And if the other party is not paying and you are paying it all then you would conceivably have an action against him or her for the party that they were to pay.  That goes for repairs, etc.  But be careful: agreements regarding real property have to be in writing to be valid.  Good luck.


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