Legal rights to joint mortgages.

Hi kristingro,

Welcome to our forums.

If your boyfriend is one of the joint holders of the mortgage, he is legally responsible to pay a part of the mortgage debt.

I suggest that if you're not at all able to handle the mortgage payments, better consult the lender on what option he wants you to pursue, so that you can remain current on the loan. And also, have a talk with your boyfriend as to what his intention behind not paying for the loan.

good luck.

kristin, any party to a mortgage note is obligated to pay the entire debt, not just a portion. clearly, since you've always made the payments, he's never been in the habit, and probably won't change that now.

as caron noted, you'll be best-served to contact your lender on making arrangements for yourself regarding payments. i doubt you'll be able to persuade your "boyfriend" to pay.

Yes he is obligated but if no payment is made, the home will go into foreclosure. I would talk to your boyfriend about the situation and see which options would be best for the two of you. It sounds like selling the home would be a good choice. I would talk with him about the payments in the meantime so that you and your boyfriends credit is not affected in the meantime. Hope it works out for you.

I have a joint mortgage with my ex who is still living in the property. Is there any way to make her legally responsilble for paying the mortgage without getting my name off of it? For tax purposes, am I entitled to claim half of the interest paid on my tax forms even though I only occupied the house for three months?

Hi Charley!

You can ask your ex to refinance the mortgage and your name will be removed from the loan. As far as your second question is concerned, I don't think you can claim the interest paid.

Thanks,

Jerry

In light of the poor credit situation, my ex may not be able to refinance the house. She is in school and racking up student loans. Is there any legal document that we can sign that will make her responsible for the mortgage until things change and she can refinance?

hi charley!

welcome to forums!

in order to make her responsible, she will have to refinance the loan. in case that is not possible, you can try for novation but you should keep in mind that lenders prefer refinancing the mortgage.

thanks.

Hi,
I have just left my home due to my partner becoming violent. We had a joint mortgage for 2years and i have left him with the house and everything in it, although i payed for alot of it. I have also just paid off all debts on any of the billing accounts so that i could get my name taken off them.
But my issue is the mortgage, am i still legally entitled to pay half? Because i cant afford to rent and pay the mortgage for a property im not living in. I refuse to pay for a house for him and his new girl friends.

liza, you are obligated to make payments on that mortgage until such time as it is paid in full. that could be when the home is sold, or if your former partner should refinance the loan.

if he wants to remain in the home and you don't contribute to the monthly payments, then it's going to be up to him to find the funds with which to pay the debt. keep in mind that the lender couldn't care less where the funds come from, and should the loan go into default, they'll be looking at you in seeking payments.

if you can convince him to refinance the loan into his own name, then you'll be off the loan. how do you recoup your costs? you probably cannot do so - just write them off to experience, in all likelihood.

the only other option, as i see it, is to contact an attorney who might be able to assist you.

My hubby and I have a joint mortgage. We also have a ton of cash CDs which are joint. They are earning next to nothing.I want to pay off the mortgage, he doesn't. It would amount to about a third of the cash CDs. Can I pay off the mortgage without his permission, using some of those CDs?(Yes, I know there's a penalty for early withdrawal).

you sure can, li anne. just be prepared for the repercussions when he discovers what you've done. and please don't tell him that i said you could do it. i don't need another crank call.

Don't worry....no names! And,I wouldn't do something like that behind his back, that's dirty pool. I just hate to argue when I don't have a leg to stand on. At least now I can point out that I don't need his permission, and it might behoove him to compromise.Thank you for your time and prompt reply.

if my partner and i have just seperated we have 2 children can i be made to leave my house,and would the lenders give her the mortgage on her own

marky, it doesnt seem that you would be made to leave. we don't know enough to comment on what a lender might do.

I bought a home with my fiancee in June of 09' he changed his mind 4 months later and decided he did not wan to get married and moved back to his home town. He want us to stay in the house and continues to pay half the house payment so that we can do so. I cant afford the payment alone but I can handle half just fine. what happens if he changes his mind on paying half the house payment and wants to sell the house? What if I dont want to move? Do I have to agree on the price in order for it to sell? What if I just never agree on a price?