Legal Question in Real Estate Law in Florida

Bought house with friend who does not want to pay mortgage

I bought a single family loan with a friend in Oct/02 and now she does not want to continue paying the mortgage. She said she would just walk out next week leaving me with the payments ($1,269.00) because she wants me to give her 15,000 to buy her out but won't sign the sale papers unless she gets that amount. I don't even know how much the house will sell for and think I'm being blackmailed. How can I get through this and not ruin my credit and if I continue paying the house by myself how do I ensure that she doesn't get half of the money I have paid ?


Asked on 5/21/03, 7:39 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Bought house with friend who does not want to pay mortgage

Try and work it out with her. Genereally, whomever is named in the mortgage is going to be obligated to pay for the mortgage. If your friend and you were both named in the mortgage then it is likely that you both will be jointly and severally responsible for paying that mortgage.

In order to avoid any adverse action e.g. foreclosure, the mortgage should be continuously paid timely. If you cannot work it out with her then you may need to file an action to partition the property, sell it, and deduct her missed mortgage payments. Your rights may also depend on how the property was deeded.

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Answered on 5/21/03, 7:47 am


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