Legal Question in Real Estate Law in Indiana

My ex-girlfriend and I have a joint mortgage on a home and she now wants to stop paying her half. She is living in an apartment now. I do not want to go into foreclosure. Can I sue her for that money?


Asked on 10/08/10, 1:46 pm

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Nope. If she won't agree to sell the home, you can file a partition action which will result in the sale of the home and an assignment of any net proceeds from the home. See an attorney in your community to start that process. In the meantime, look for a roommate.

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Answered on 10/13/10, 1:52 pm

I disagree with Jay to an extent. I think that you could sue her as she is a partner who has failed to live up to her obligations. I do agree that a partiion is possible. Although, you might be able to have her agree to a sale if you are not interested in keeping the home.

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Answered on 10/13/10, 2:24 pm


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