Legal rights to joint mortgages.

kat, if he decides to renege on his half-payments, you'll be in a jam, according to you. it would then make sense that you'd have to come to an agreement with him on selling or something to take care of the situation.

if you don't want to move, then you'll have to seek out alternatives that would allow you to make the full payment - an additional job or two, a new fiance or a roommate to help with finances, etc.

hi, my husband left the matrimonial home due to being violent towards me, we have joint mortgage but he is not paying it, i myself only work part time and can not afford the payments.
i have 3 children and was wondering could i take my name off the propertyand leave as the stress is too much

Hi,

The mortgage is in both you and your husband's name. Both of you are responsible for the mortgage payments. You cannot take your name off the mortgage at this point in time. If you cannot afford to make the mortgage payments on your own, you can request your lender to do a deed in lieu of foreclosure.

k.r. you can leave the alleviate the stress, but you cannot take your name off the mortgage. i think savior has described a valid method for you to erase the problem, though your credit would certainly be affected negatively. that may not be a concern. your primary concern, obviously, is going to be providing for your children and yourself, and if you had to pay a mortgage that doesn't fit your budget, you would have naught left over to provide much of a way of life beyond that.

it makes sense for you to contact your lender as soon as possible and discuss your situation. they may not be able to work out a plan for you, but you may be able to expedite the deed-in-lieu process that savior mentioned before it becomes a real collections sort of problem.

hopefully, you'll be able to obtain some sort of child support through the court system - maybe voluntary on his part?

my daughter and her fiancee built a home in 2007 - he has now moved out as of 10/31 - both names are on loan - does he legally still have to pay a portion of mortgage?

Hi juan,

Your daughter's fiance is listed on the loan and hence he is very responsible for the mortgage payments. But if he stops making payments, the lender will come after your daughter as her name is also on the loan. She is as much responsible for the mortgage as her fiance is.

and of course jenkin7 is right. juan, it is obviously in your daughter's best interests to try to persuade him to continue to contribute to the payments. if she can handle it on her own, that's great, but the two of them need to come to some sort of agreement eventually anyway. if you or she can express the importance of his continuing to pay convincingly enough, it will eliminate problems down the road.

what's the plan for the property? will your daughter continue to reside there, and can she handle the payments? if it's to be sold, it still is important to maintain the payments as agreed.

am i entitaled to half profit because name on mortage even though i dont live there

To Zoe,

You're not entitled to any profit from the sale of a property unless you are its legal owner. Your name on the mortgage does not ensure your ownership rights to the property. Is your name on the property title? If your name is on the title, you can definitely claim a certain share of the profit when the property is sold.

I am the borrower and he is the coborrower. We have cohabited for over 10 years and now am in a situation of breaking up. My question to you is, I am unemployed and have been a year. He has been paying the mortgage, but before I always worked and made the payments as well as put most of the down payment down on the home. He is being obstinate about paying the payments and at this point we are at risk of foreclosure. What are my rights to prevent losing my investment? He is waiting for me to give in and he will have someone in his family to buy the home for nothing cutting me out of any equity that I have helped to build. I sold my home to move to this one, and he still has his.

i know you're undoubtedly on a tight budget due to the unemployment, but you need legal help here. check and see if there's a legal aid society in your locale, and there you'll find free legal assistance. other than that, you can most likely get a consultation with a local attorney that'll cost you nothing more than cab fare or time. two people in a non-marital relationship need to set up protections for themselves long before they actually own something. how to protect yourself is not going to be an easy question to have answered, but an attorney is a must, i believe.

my boyfriend shares a mortgage with his brother, we want to get married and sale his house but his brother will not sale nor can he afford to buy him out, also when they bought the home, work around the house was sopose to be shared now his brother is disabled and cannot do anything to help out, my boyfriend does absolutely everything around the house, is there anything legally he can do.

Welcome bonnie,

Unless your boyfriend's brother agrees to sell off the property or buys out your boyfriend, nothing can be done regarding the property. If your boyfriend stops paying for the property, the lender will foreclose it which will have a negative affect your boyfriend's credit report.

I own a home with a Friend in NY. We both live in the house, but He decided recently he cannot pay the mortgage. What can I do legally to make him pay, or get out of the house? Do I have any legal options at all since we are both owners and living in the home?

Hi Janey!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/know-how/about47704.html

Take a look at it. Hope it helps you.

Sussane