Legal Question in Real Estate Law in Indiana

I find myself in an odd situation. I live with my girlfriend in a house she has a shared mortgage with her ex-boyfriend on. Several years ago he decided he didn't want to pay bills anymore and moved out of the state. Even when he was around he did not contribute to the bills much. In the two years we have been together, she has only been able to work off and on and I have paid the mortgage and utility bills even though I am not listed on them. The mortgage is significantly underwater, maybe 50,000 dollars more than what similar homes in the area are going for. I guess what I would like to know is if his name can be removed or will the property have to be sold or forclosed on to resolve this. No way to break even on the sale. I don't mind paying, she loves the place, but i hate to keep pouring money into this home if it will be pulled out from under us. Any help would be a life saver. Thank you.


Asked on 5/25/10, 9:03 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Foreclosure or a partition action are the only two ways to go. If the house is worth less than the debt, then partition action would seem to be a waste of time.

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Answered on 5/25/10, 2:49 pm


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