What are my rights if the co-owner is not paying their share of the mortgage?

UPDATED: Oct 1, 2022

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What are my rights if the co-owner is not paying their share of the mortgage?

I am trying to find out my options on a house I brought and my ex is on the deed and mortgage and have not paid their share for over 7 months. I am in a bad situation we have a teenage son at home and her mother lives in the

house that I want out. I need to know want legally I can do to get her and her mother out of the home. This is taken it toll on me so I need to do something.

Asked on September 18, 2018 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can force a sale of the house by bringing a legal action called an action for "partition." (That's the traditional term for this legal action; it's possible NJ knows it by a different name.) When the two or more owners of real estate cannot agree as to what to do with it, one can bring a lawsuit for a court order to force a sale; the proceeds of the sale, after paying the cost of sale, paying off any mortgages or liens, etc., are then divided between the owners. It may be possible to get the court to order that you get a larger share of the proceeds to reflect that you have been paying the mortgage and the other owner has not been. If you want to explore this option, consult with a real estate attorney.

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 AttorneyPages.com 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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