Legal Question in Real Estate Law in Hawaii

Mortgage payment

My son and his girlfriend split-up and my son was left paying the mortgage on their house. Can the girlfriend do this, and not pay her portion? She and my son are both signers on the morgage contract.


Asked on 4/13/09, 5:54 pm

1 Answer from Attorneys
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Mortgage payment

No. If she is signator to the Mortgage and Note, they are both responsible for the entire payment. If he has to cover her share he has the right to set-off against her share of the property. Of course, the matter would have to be adjudicated and reduced to a judgment. Possibly in a partition action.

Best Regards, Jon A. Zahaby

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Answered on 4/13/09, 6:04 pm


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