Mortgage / Foreclosure

UPDATED: May 24, 2009

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Mortgage / Foreclosure

My ex-boyfriend and I bought a house together a year ago. He moved out several months ago. Asked me to sign an indemnity agreement (he pulled off internet – not notarized) accepting financial responsibility of the house. I signed it but I’m now unable to afford the house as I lost my 2nd job. Ex boyfriend threatening to sue me if I do not continue payments as his name is on the mortgage and doesn’t want a foreclosure on his credit record. Does the agreement uphold in court? Am i solely liable?

Asked on May 24, 2009 under Real Estate Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'd have to read through the agreement before I could even guess.  You should take it to a real estate attorney in your area, and I'm sure she or he will have some questions to ask you, as well.  One place to find qualified lawyers is our website,

As a general rule, an agreement isn't binding unless both sides get something out of it.  If he didn't pay you for the agreement, or give up something meaningful, it might well not hold up in court.

However, even without the agreement, your ex-boyfriend might be able to sue to force a sale of the house, and that wouldn't have to be based on missed payments, either.

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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