If a father and daughter are on a mortgage and the one accountable for paying the mortgage is not paying it, what can be done?

UPDATED: Oct 1, 2022

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If a father and daughter are on a mortgage and the one accountable for paying the mortgage is not paying it, what can be done?

Father and daughter each own 50 of a 10
acre property. Mortgage on the house on the
property is in both names but the father is
responble for paying the mortgage but is
spending the mortgage money on other items.
Daughter has paid 6000 in mortgage because
of his failure to pay it so far.

Asked on February 4, 2019 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) The daughter can sue the father for violating the agreement (even if only an oral or unwritten one) between them that he would pay the mortgage.
2) The daughter can bring a legal action traditionally called an action "for partition" (your state may have a different name for it) to get a court order that the property be sold and the proceeds (after paying the mortgage, any other liens, and costs of sale) be divided between the owners, to get out of this situation, where she is liable for a mortgage not beng paid.
Note that if the mortgage is not paid by either of them, the lender can foreclose. It can could also, at its option, sue either or both people on the mortgage (father and/or daughter) for the money.

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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