Legal Question in Real Estate Law in Connecticut

Morgage owners rights if single co signer leaves the home.

A person buys a home with a live-in friend over 6 years ago and that live-in friend moves out over 4 years ago. Now that person that moved out is calling and demanding 50% of the worth of the home. The live-in friends name is still on the deed but that person never paid any part of the Morgage or downpayment on the home. Cancelled checks prove this. What rights does the main owner have in this situation? If that live-in friend can sue for 50% of the worth of the home, can they also be responsible to pay all past Morgage payments, house taxes and any other improvements made to the home at 50% of the costs?


Asked on 3/19/03, 8:02 am

1 Answer from Attorneys

Thomas Noonan Attorney Thomas F. Noonan L.L.C.

Re: Morgage owners rights if single co signer leaves the home.

Assuming that there was no written agreement in case of a situation such as you described and the property is in both names, the friend owns 50% and is responsible for 50% of the costs. However, you may owe the friend rent for the use of 1/2 of the property less the amounts you have paid in taxes, mortgage payments, etc. The best thing to get out of this situation is a court action to partition the property, unless you can come to an agreement to buy out the friend's interest. I would see an attorney ASAP before the costs keep rising to explain the situation and to get the facts as to the contribution you both made to the purchase and maintence of the property. The other option is to keep paying and refuse to pay the friend and a suit may follow doing the same thing I just recommended you do. There are other concerns that must be addressed, for example, is the property held in survivorship so that if one of you die, the other gets the entire property. You need to see an attorney. Hope this helps, Thanks, Atty. Tom Noonan

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Answered on 3/19/03, 2:34 pm


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