Can I sue my ex-boyfriendto have himpayoff of a mortgage on a joint venture investment property?

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Can I sue my ex-boyfriendto have himpayoff of a mortgage on a joint venture investment property?

I financed a rental house while I was together with my boyfriend. We have written agreements that he did the work and I financed the property. When it was done we would split the profit 50/50. We have since broken up and it has been years with no progress. The house is mid-completion and I have tried selling it as is. With no luck. He doesn’t want anything to do with it and now I am stuck with a sinking ship. I need out. Can I sue him for the payoff?

Asked on May 9, 2011 under Real Estate Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue him for breach of contract but just how much you can sue him for will depend on your written agreement with him. If you financed the deal and he was to do the repairs, he didn't meet his end of the bargain so you can theoretically pay someone to finish the repairs/rehab to the home and sue him for the cost and then allocate a percentage based on the work he did complete or have the court decide how much to allocate (if any) of the profits to him once you sell the completed home. You must mitigate your damages no matter how dismal it may seem; so having someone repair the home to completion is probably your best bet all around. If you seek contribution from him to pay off the  mortgage, please understand that a) it may not be equitable and it may place you in a better position than make you whole and b) it doesn't appear to have been contemplated in the contract.


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