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If two people own a home, and one moves out while the house is on the market, does the person who moved out still have to pay?

Asked over 2 years ago - Elkins Park, PA

My friend and her partner purchased a home together. My friend has moved out of the home while it is on the market and until it can be sold. Her ex-partner locked her out and changed the security codes. Does my friend still have to pay 1/2 the mortgage and utilities even though she is locked out and does not have access to the home?

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Attorney answers (1)

Brian Joseph Cohan

Reputation Level 10

Answered over 2 years ago. Real Estate Attorney in Long Grove, IL.

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The bank does not care about the personal problems of the people who sign the note. Under most promissory notes the liability is joint and several, meaning that each partner owes the entire amount, You may have a claim against your partner for your contributions in excess of 50% in a partition case, My advice would be to settle this matter quickly or the equity will go to pay the lawyers.

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