What are options if partner is refusing to pay mortgage?

As stated by the other attorney, there are a number of options.   What you do may depend upon two factors:    Is there equity in the property?   Do you have a "recourse" loan that could result in your personal liability?  In addition, there is the question of your credit rating.

In order to avoid making a mistake in your decision, you should have the matter reviewed by a real estate attorney.

Call my office if you would like my assistance in this decision.

Robert Spitz

909 395 0909 

If both your names are on the mortgage, you could sue him or her for his or her share of the payment. Note though, that if you do not pay the mortgage in full, you'll be in default and the lender can foreclose on the home. Therefore, you should pay and then go after your partner for your partner's share.

Note that while you could offer to have your partner give you his/her interest in the home in exchange for being let off the mortgage, you would need the lender to agree to remove him/her. You'd want a real estate attorney to help you do--or at least try--this.

You could also look to remove your partner from the mortgage by refinancing to replace the old mortage with a new one that does not have him/her on it. However, that would not necessarily wipe out their ownership interst in the house. Again, you need expert help to make sure you do this correctly and do not end up enriching your partner by paying the mortgage for him/her.