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Can the co-owner of a home sue the other co-owner for mortgage payments?

Smallwood, NY |

I own a home in New York State with my former domestic partner. He and I had an agreement that he would pay the mortgage after we broke up. He is now suing me for backed mortgage payments.

Attorney Answers 2


  1. If you owned the home together, and were both on the mortgage, the partner that pays the mortgage is entitled to be reimbursed by the other partner for one half of the mortgage payments. If either of the partners remain in the home, the partner that is not in possession would be entitled to receive 1/2 of a fair rental price as a set off against his 1/2 of the mortgage payments.

    Assume a mortgage payment of $1000 and a fair rental value of $600. Partner who is not living in the property would owe $500 less 1/2 of the fair rental value, so $200. a month. There may be other things like taxes and upkeep tacked on.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. The party who is paying the mortgage is entitled to reimbursement of 1/2 of the mortgage offset by use and occupancy, ie rental value from the party who is in possession.

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