mortgage co-owner rights

UPDATED: May 18, 2009

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mortgage co-owner rights

Ex-fiance has voluntarily moved from the home we are both mortgaging. Is he still responsible for his half of the payments? How do i force him to remove his belongings and give me his key? I am unable to refinance the mortgage at this time.

Asked on May 18, 2009 under Real Estate Law, Michigan


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

Answered 13 years ago | Contributor

Both parties on the mortgage are responsible for paying it.   And if he continues to pay it he has legal rights to the property.  It may be best for you to see a lawyer and decide what your options are with the property.  You may be able to negotiate a settlement with your ex-fiance and come to some type of written agreement as to the home and his personal belongings.

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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