What to do if a co-owner does not pay their share of a mortgage?

I “own” a house with another person. My name only is on the mortgage, but both names are on the deed. When the house was purchased, we both agreed to pay half of the mortgage. He is 6 months behind. Do I have any recourse legally?

Asked on September 4, 2012 under Real Estate Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the circumstances that you have written about where you technically own a home with another person where the agreement that you both would share the monthly "nut" on the home, but such has not been happening of late, your recourse is as follows:

1. sit down with your partner in the home and discuss the problem you are currently having to see what can be done to repay you what is owed. Possibly a promissory note with monthly payments (interest accrued as well) is an option, dated and signed.

2. if you cannot resolve the owed money issue per the option above, it sounds that you may need to file a lawsuit against the partner if voluntary payments will not be made by him or her to you.

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