Legal Question in Real Estate Law in New York

dwelling

my fiancee says were done. Both on Mort & deed. I have been sleeping there - he not - but he goes there when I'm at work. Can I live in house if I stop paying him my portion of mort?


Asked on 12/20/07, 1:06 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: dwelling

Sounds like a bad situation getting worse.

You can live in the house even if you stop paying the mortgage, because you are a joint owner with your ex-fiancee. However, if you stop paying, he will probably stop paying. Ultimately, you will go into foreclosure and you will ruin your credit rating.

Your best bet is to either buy the house from the ex-fiancee, sell the house to the ex-fiancee, or sell the house to a third party. If your ex-fiancee wants to do nothing, you should commence a partition action to force the sale of the house.

Mike.

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Answered on 12/20/07, 1:48 pm


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