Ask Experts Questions for FREE Help !
Ask
    Euruzulie's Avatar
    Euruzulie Posts: 2, Reputation: 1
    New Member
     
    #1

    May 18, 2011, 04:41 PM
    Joint Tenant Not Paying His Half of the Mortgage
    Hello-
    My "boyfriend" is not paying his half of the mortgage. Our loan says we are joint tenants. There is no other written agreement. Our personal agreement is that I write him a check for my half and he pays the mortgage through online banking. For 3 months last year, he didn't pay and kept my money. He finally told me we were behind when the bank started calling and sending letters threatening foreclosure. I paid what we were behind and going forward have been making the full payment. He still lives here. He refuses to move out. He refuses to sell. He refuses to re-fi in my name. I would like to stay in my home. I would like him to pay his half or agree to one of the options I've suggested. Instead, he does nothing. Do I have any recourse here in Wisconsin? Thanks
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #2

    May 18, 2011, 04:49 PM
    Yes. You can sue him for his share of the payments you've already made. However this will only be for past payments, not future payments.

    You can file a lawsuit against him and propose a settlement where you buy out his share of the property, but deducting the payments you previously made on his behalf.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    May 18, 2011, 04:53 PM
    You can't even evict him. All you can do is sue him or force sale of the property (he can't refuse to sell, neither of you can, regardless of who has been paying what). The bank doesn't care who pays or not; either one is you is responsible for the other. Joint tenants is relevant on the deed. Are you sure you see it on the mortgage? Possibly on a mortgage insurance policy?
    Euruzulie's Avatar
    Euruzulie Posts: 2, Reputation: 1
    New Member
     
    #4

    May 18, 2011, 05:17 PM

    I have never seen the deed. I have only seen the mortgage papers once in 4 years. BF has them... and he cannot locate right now. So he says. It is possible that I don't know the exact state of ownership now that I think about it. When the bill comes, my name is on it. How do I force the sale of the property?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #5

    May 18, 2011, 05:22 PM
    To force a sale of the property you would have to file a lawsuit for partition. In any case your only recourse is to file some sort of lawsuit.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    May 18, 2011, 06:54 PM

    And you need to find out who is the actual owner of the home, names on loan does not mean ownership.

    You can go to the county courthouse and see the actual deed, which is filed there.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #7

    May 18, 2011, 07:24 PM
    Get the copy of the deed (in my town, it's in the town hall).
    I assume you have copies of the property tax bill.
    Get a copy of the mortgage from the lender.
    Gather your proofs of payments.
    Hire a lawyer NOW and bring a slew of real estate agents over to appraise the house even if you'd rather keep it. Don't be pressured by any of them.
    If you sign with a broker, don't agree to the usual 90 days contract. Demand 45 so that you can buy out your boyfriend after that, with no commission. Better to not put it up for sale unless it's clear that he won't budge.
    You need to be prepared to call his bluff. If you do sell (and are both on the deed), he gets half. You have to sue for what he owes you separately.
    Your lack of knowledge of what has been going since day one suggests that you really need that lawyer before you lose any more money.

    Too much trust + not enough knowledge = $$$$!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Question on Joint Custody and meaning of "Half Visitation" [ 3 Answers ]

I left the father of my child when I was in my early stages of pregnancy. After first finding out I was pregnant I did make the attempt to smooth things over and deal with his overbearing nature for our child's sake but things got worse (probably because he thought since I was pregnant I could...

Non paying tenant [ 1 Answers ]

I have a tenant that just moved in on April 15,2009,I have been having problems with collecting her rent ever since she moved in. She is in errors of this months rent and rent is due on the first of the month and she is a tenant at will and also moved other people into the property without...

Can a joint tenant on a mortgage allow a man to live with other joint tenants? [ 1 Answers ]

My daughter and husband have a joint tenancy mortgage/deed with my exhusband. My daughter has made $76,000 worth of mortgage payments while living in the home with her husband and child. Recently she became ill and unemployed. The house was on the market for many months with no offers, and the...

Bad credit but paying half down [ 3 Answers ]

OK my husband and I have less than stellar credit... most of our problems stem from our previous divorces.. all of mine do... since then I have kept current on everything The house we want to purchase is a little over 200k, we have saved and came into some money and are going to be able to put...

Paying for half.is that right? [ 13 Answers ]

Hello, Ive been in a relationship with my boyfriend for almost a year already.. We're planning to get married very soon-everytime he would take me out on dates to fancy restaurants, movies, etc. he would always pay but just last night we were talking and he was telling me that he has to save up...


View more questions Search