We bought the home 3 years ago together, both of us are on the deed and mortgage. She left 29 months ago and stopped paying on the mortgage or maintenance. I con't paying the mortgage (roughly $4000 a month, it includes taxes and insurance). I still live in the home. I contacted an attorney. She also hired and attorney. We had multiple meetings to negotiate a buyout that all failed. There is also furniture in the home that we bought together that I still have. To date I have paid aprox $116K between mortgage and maintenance costs over the 29 months since she left. My question is if I force a sale of the property is there a way to get any of the money that I forked out that she skipped out on? If so, how much would it cost? The house is worth about $500k, the principal left is about $450
You will likely need to file for partition. In a partition action, the court orders the sale of the property and performs an accounting of contributions to determine how the money will be distributed.
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Real Estate Attorney
Considering you have already retained an attorney to handle this matter, I suggest you speak to your attorney and clearly convey all of your concerns. Also discuss filing an action for partition, as Mr. Millar suggested in his answer.
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