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kreek123 · Jun 22, 2011, 11:49 AM

My ex and I bought a house together. We broke up and I stayed in the house for another 10 months (making the mortgage payment of $2400/month by myself). After I moved out (because I just couldn't afford the payment anymore) my ex opted to rent the houes for $1800/month as opposed to selling as we would lose money (the house isn't worth what we paid for it... there was a boom in our community). I asked numerous times for him to either buy me out or for us to forclose as I couldn't afford to help cover the short fall $2400-$1800 = we both pay a portion. I am a single mother with 3 children and have new bills and a rental payment of my own to make. He is now suing me for $11,000.00 for not helping cover the short fall. I have begged him to sell, forclose or buy me out, have told him numerous times I cannot afford to give any extra money and now I am getting sued. (I understand both his side and mine). I don't understand why he chose to wait two years to deal with this and I never signed any agreement to rent the house nor did I sign a landlord/tennant lease agreement.

ballengerb1 · Jun 22, 2011, 11:58 AM

... so what exactly is your question?

kreek123 · Jun 22, 2011, 12:30 PM

Ha! Good point! I suppose my question would be, what are my options... is this something I should even bother fighting or should I just "bend over"
I initially contributed $28,000 to the house and he contributed $11,000... is there an argument in here considering that in total I've paid $52,000 on my own (this does not include my share of the mortgage while we were living together) In total, he has paid $11,000 plus $14,280 (last two years short fall)totalling $25,280.00 (this does not include his portion of the mortgage when we were living together)... Do I have an argument?

ballengerb1 · Jun 22, 2011, 12:32 PM

Was he your husband or something else, was there a divorce?

Fr_Chuck · Jun 22, 2011, 02:56 PM

First I don't see a "short fall" until it is sold though a short sale, if it is not sold, you both own it, if he is renting it, and the rent does not cover the loan, then, yes he could sue for the amount.

If it is sitting empty, he could sue for 1/2 of the house payment.

If married, this needs to be divided and settled in divorce court, if not, yes, it needs to end in court where you ask for the court to order the sale of the house or allow you to sign your share of the house to him

AK lawyer · Jun 22, 2011, 06:22 PM

Originally Posted by kreek123

...
I initially contributed $28,000 to the house and he contributed $11,000...is there an argument in here considering that in total I've paid $52,000 on my own (this does not include my share of the mortgage while we were living together) In total, he has paid $11,000 plus $14,280 (last two years short fall)totalling $25,280.00 (this does not include his portion of the mortgage when we were living together)...Do I have an argument?

Sure you do.

I would counter-claim for partition of the house.

If it is upside down, the proceeds will pay off at least some of the mortgage balance. Hopefully it can be done as a short sale, so that there is no deficiency.

As far as the shortfalls (mortgage payments less rent received) is concerned, do I correctly understand that he has been paying more than you have? If so, I would argue that you should get credit against the cumulated shortfall balance in the amount of the difference between your initial investment and his ($28,000 minus $11,000 = $17,000). So, with respect to the "shortfall" payments, he would end up owing you $6,000.