Posted on: 13th Jan, 2012 10:53 pm
My ex fiancee and I have a house together with both our names on it. He decided to stop paying his half of the mortgage last month. I can not afford the mortgage by myself and therefore will be forced into shortsale or foreclosure. Since we only had a verbal agreement for the last 2 years that he would pay his half until the house sold, what are my rights now that he has stopped paying? Am I out all the money he would owe until it sells, or can I go after him legally to make him pay what is owed?
Hi mjmpiggy,
As there was a verbal agreement and not any kind of written document signed between both of you, so you won't be able to force him for the payments. You even won't be able to take any legal actions against that person for not paying the debts.
Thanks
As there was a verbal agreement and not any kind of written document signed between both of you, so you won't be able to force him for the payments. You even won't be able to take any legal actions against that person for not paying the debts.
Thanks
Yes...
If there is any written agreement, then it should be a problem for you.. But due to no written agreement you would not be ab;e to take any action..
If there is any written agreement, then it should be a problem for you.. But due to no written agreement you would not be ab;e to take any action..
I beg to differ with the the two answers above - inasmuch as filing a lawsuit is as simple as simply filing it, your ability to do so is easy. I've gone on record on countless occasions as saying that "anyone can sue anyone else for any reason at any time." That is to say that not all suits are successful, but if you feel that you have a reasonable case (and you really do, since he is a coborrower on the loan note), then you ought to take whatever measures you need to in order to bring yourself back to a solvent position.
Are you "out" the money that you'll have to spend to compensate for his lack of contribution? Maybe - it depends on you winning the potential lawsuit and, if you do, collecting from him on the terms of that suit.
I hope this sheds a little more light on your situation, and I hope you'll be ultimately successful.
Are you "out" the money that you'll have to spend to compensate for his lack of contribution? Maybe - it depends on you winning the potential lawsuit and, if you do, collecting from him on the terms of that suit.
I hope this sheds a little more light on your situation, and I hope you'll be ultimately successful.
