If my ex signed papers agreeing to pay half of the mortgage but he has not paid any of it, how do I sue him?

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If my ex signed papers agreeing to pay half of the mortgage but he has not paid any of it, how do I sue him?

I’ve seen many questions about suing for half of the mortgage payments. I have not however seen any cases where the ex wasn’t paying aty all. He recently signed and had notarized an agreement specifying that he would pay half from then on. I cannot afford a lawyer. Can you please tell me what court to file in (civil, small claims, etc) and what it entails? Details: We were never married; we are jointly on the mortgage; I am the only 1 on the deed; he moved out 2 years ago and hasn’t paid since; we have 3 young kids who live with me in the house. What can I do? I can afford my half but not his and I can’t refinance.

Asked on April 28, 2011 under Bankruptcy Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is honestly too difficult to give any guidance here without reading the agreement to make sure that it is legal and binding.  Assuming that it is in fact a valid contract, you would have to sue him based upon a few different things that have to be sorted out from reading the agremement.  First, becuase you say he agrees to pay the mortgage on a monthly basis, you may have to sue him every month that the mortgage comes due and he does not pay.  That could be a pain in the neck.  Next, if your mortgage payment is below the amount for small claims court (which I am sure that it is since you are only suing him for half) then you would sue in that court.  I am also hoping that you have filed for child support and that he is apying.  And if he is not then I am hoping that you are doing something about that, like garnishing his wages.  Good luck. 


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