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Real estate question .

Rensselaer, NY |

I own a home with my ex-boyfriend. Both of our names are on the deed. I want to move and will stop paying my part of the mortgage. I know my credit will go bad, but my question is can he take any legal actions against me for not paying my part? I give him my money and he then makes the mortgage payment.

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Attorney answers 3


Dear Rensselaer Home Owner:

Please consult with an attorney. You own a house. That must be worth something to you. Why not agree to be bought out instead of walking away?

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.


Attorney Smollens is correct. If there is equity in the home you should seek to have him buy out your share of the home. Your credit will be hurt only if your name was on the mortgage Note and your boyfriend doesn't continue payments on his own. If he can't afford to do this and he can't afford the mortgage on his own, then maybe the house should be sold. He could take action against you for damages under contract theory, but he would have a duty to mitigate his loss, meaning if he can't buy you out or refinance, the home should be sold. Either way you should consult with a local attorney to make sure you protect your interest in the home.


Walking away appears to be a foolish choice. Why kill your credit intentionally when there is an opportunity to sell the property, and possibly walk away with some money in the process?

Don't cut off your nose to spite your face. Speak with your ex about selling the property. Don't be afraid to hire realtors and attorneys for help.

This communication is intended only to provide general information. No attorney-client relationship is created.