Home owned by unmarried couplr

UPDATED: Sep 30, 2022

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Home owned by unmarried couplr

I co-own a home with my boyfriend of
17 years. As of now it seems like a
break-up is imminent. We are both still
living in the house. If he decides to no
longer pay on the mortgage is there
anything I can do legally???

Asked on December 26, 2016 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the mortgage is not paid in full, the lender can foreclose--it does not matter to them what happens between you. You can sue him for his share of the mortgage, though in the meantime, you'll have to keep paying it to avoid foreclosure and an impact on your credit due to an unpaid obligation. Or you can sell the house, use the proceeds to pay off the loan, keep any balance over that, and go your own separate ways. If he will not voluntarily agree to sell, you can bring a legal action for "partition" seeking a court order requiring that the property be sold (a real estate attorney can help you with this). Or if you can affod it (and want to), you can refinance in your name only and he can quit claim his interest to (or vice versa--he could buy you out). 

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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