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Friend & his GF bought a condo. She is sole on the mortgage, after 2 months he moved out, relationship disolved. ? is is oblig?

New York, NY |

as said. friend moved out within 2 months of purchase, he's not on the mortgage nor if there a written contract. what is he obligated as she cannot afford the condo on her own. he did put cash money down but there is no record

Attorney Answers 3

Posted

Dear what is his obligation?

It seems appropriate in hindsight to know that a breakup between an unmarried couple could occur and planning in advance would help. Without a plan everything is up in the air.

If your friend does not care about losing his investment in the condo then he will do nothing and nature will take its course. The ex will likely hire an attorney to help her navigate the perils of owning a condominium without his support. The interesting point is that the ex obtained a mortgage but was not the sole owner and did so without ability to pay both common charges and mortgage.

If the friend has a substantial albeit uncorroborated equity interest in the ownership he may help out to protect his interest. He along with the ex is jointly and independently liable for the common charges. Paying the common charges will at least hold off the condominium from filing a common charge lien.

Eventually if the mortgage is not paid the lender will foreclose.

If your friend and his ex do not want to pay the costs for this unit they should decide to sell as soon a possible.

Good luck..

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Posted

She's on the mortgage, but is he on the deed? If so, he certainly will be held responsible or a portion of the the payments. If not, and here is no written sharing agreement, it would be hard for him to either prove that he put money down or that he is obligated to make payments toward mortage and upkeep.

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

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Posted

is he on the deed? if he is then he has an ownership interest and can be liable for the commons charges and maintenance.

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