Help!!!

[Clwolfe]

What is the name of your state? Florida
Exgirlfriend moved out of jointly owned home 2 years ago. I have been paying all of the mortgage since. Put home on market since I am building a new home but hasn't sold as of yet. My new home is almost complete and asked ex to split the mortgage until it sells as she is getting half the profits after I get back my deposit that I had solely put down which is agreed upon. She refuses to pay half once the home is empty until it sells. I can't afford two house payments and don't know what my legal course of action should be? I don't want to have to threaten foreclosure as it would ruin not only my credit but hers also but I don't want to be the only one that is protecting both of our credit scores. We both stand to loose if I have to let the bank foreclose. Right now if we keep it going until the market comes back, we could both stand to gain a considerable amount and we could let it go for less and still make out ahead if we could just get an offer. I guess what I am asking is there a way to make her pay her half and do I need to get a lawyer?

[seniorjudge]

One option is a partition lawsuit. The court will sell the place on the courthouse steps. Anyone may bid and buy. It will take three years (if it's quick) and $30K (if it's cheap).



Or another option is to sue her for what you think she owes you. This would also take a long time and be expensive.



Another option is to keep paying and hope for an upturn in the market.

[LdiJ]

Originally Posted by Clwolfe

What is the name of your state? Florida
Exgirlfriend moved out of jointly owned home 2 years ago. I have been paying all of the mortgage since. Put home on market since I am building a new home but hasn't sold as of yet. My new home is almost complete and asked ex to split the mortgage until it sells as she is getting half the profits after I get back my deposit that I had solely put down which is agreed upon. She refuses to pay half once the home is empty until it sells. I can't afford two house payments and don't know what my legal course of action should be? I don't want to have to threaten foreclosure as it would ruin not only my credit but hers also but I don't want to be the only one that is protecting both of our credit scores. We both stand to loose if I have to let the bank foreclose. Right now if we keep it going until the market comes back, we could both stand to gain a considerable amount and we could let it go for less and still make out ahead if we could just get an offer. I guess what I am asking is there a way to make her pay her half and do I need to get a lawyer?

You do realize that as an owner of the home she is entitled to half of the proceeds...including the down payment that you made?

You need to talk to a realtor about what you could do to make the house sell more quickly. There really isn't anything that the courts could do for you.

[BoredAtty]

Originally Posted by Clwolfe

I guess what I am asking is there a way to make her pay her half and do I need to get a lawyer?

You can only make her pay for half of what you already paid. You would sue for "contribution." You cannot win contribution for future mortgage payments that you haven't yet made.

Therefore, the most practical thing for you to do is to sell the house asap and then sue for contribution. If your exgf won't sell, then seek a court ordered partition sale as seniorjudge suggested.