Who is responsible for a deficiency after a forced sale in a partition action?

Asked over 1 year ago - Atlanta, GA

I own a home with a friend. I want to sell she does not. Both of us are on the deed, the mortgage is in my name alone. Right now the house is worth less than the debt amount. She has no equity in house, never made a payment or paid for any expenses, while I did.

Is my understanding correct in that if the debt exceeds the value, the court would split that between us, and she would owe me half? If she refused to pay, the court will order a sale of the property, and each of us would be responsible for paying half of any deficiency? Or am I just responsible for the deficiency since I'm the only one on the mortgage?

Attorney answers (1)

  1. Randall M. Lipshutz

    Contributor Level 16

    Answered . As far as the bank is concerned, you are the only one obligated on the loan, so you would be obligated for the deficiency. You may well be able to the the court to order some monetary obligation against your co-owner, but that probably won't help you with the bank, and they are the party that would go after the deficiency and/or ding your credit. You are not in a great position as far as the bank goes, but the court might give you an award against your co-owner that would be worth something down the line.

    This answer is for general purposes only, and it does not create an attorney-client relationship.

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