Do I need an attorney if my boyfriend recently moved out of the house we bought together last year and is not paying the mortgage?

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Do I need an attorney if my boyfriend recently moved out of the house we bought together last year and is not paying the mortgage?

Can I sue him for not paying mortgage? What are my options to legally have the house to myself?

Asked on September 27, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the fact that from your question it appears that you and your boyfriend are on legal title to the home that you have written about and are both on the mortgage, you should consult with a real estate attorney as to what your legal options and rights are since he is not paying the debt load on the parcel.

Under common law, if you are paying more than your fair share of the property's debt load on a monthly basis you would have an equitable lien on the property for what you paid beyond your obligation with interest accruing on the amount from the date paid until the lien is paid off. Potentially you can sue the boyfriend for the amount of your equitable lien on the parcel paid on his behalf.


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