Skip to main content

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.

+ Read More

Attorney answers 2


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 -

Jeffrey Bruce Gold

Jeffrey Bruce Gold


One further point. If you have an agreement in writing where he said he would pay the mortgage payments, that may be enforceable, but would depend on a number of factors not evident in your post.



Thank you! Is there a way I can remove myself from the deed/mortgage?

Jeffrey Bruce Gold

Jeffrey Bruce Gold


Without the other parties consent, no. The bank will not take you off. All you can do is force the sale of the property.


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.

This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer