Legal Question in Real Estate Law in Georgia

I bought a house in my name only, and deeded half interest in the property to my fiance. Now, we are no longer together. He currently lives in the house and we both make half of the payment each month. We are currently trying to sell the house, but he doesn't keep it up well enough for our real estate agent to even take pictures or show the house. I have decided to not make my half of the monthly installment anymore and was wondering what options I have.


Asked on 9/21/10, 6:51 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You made one very poor decision to deed an interest in the property to someone you had no relationship with (marriage or legal relationship), and one that could be ended in an instant. The next poor decision would be to not honor the obligation you made to pay back the loan you obtained. What do you think the options are? If you do not pay, assuming he does not make the whole payment himself, your credit is trashed, you won't likely be buying another house any time soon, you will have problems even renting, and if you look for a job, that could also be a problem. Have an adult conversation with your ex, or go in and repair/clean the house yourself to get it sold.

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Answered on 9/26/10, 6:59 am
Phillip M. Cook Cook Legal Services, LLC

By "monthly installment", I assume you mean your monthly mortgage/loan installment. What are you trying to accomplish by not making your half of the payment anymore? In your attempt to punish your ex, you are actually hurting yourself -- defaulted loan, bad credit, real possibility of foreclosure, bankruptcy, etc.

If you would like specific legal advice about your situation, I strongly recommend that you consult an attorney. You can do so through submission of a paid question on LawGuru or by contacting a Georgia real estate attorney directly.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/26/10, 7:02 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Not paying is obviously a bad option which follows a very poor decision. Deeding someone property when not married to them was a huge mistake, and shows why you see lawyers before, not after, doing things.

Get it right this time. See a lawyer. None of your options are good. But stopping paid will ruin your credit and could even result in a lawsuit and garnishment later against you.

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Answered on 9/26/10, 7:06 am


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