Legal Question in Real Estate Law in Indiana
I have a friend who split up with her boyfriend and they had been together for several years with the intention to marry. They ended up purchasing a home together and shortly afterwards split up. Her boyfriend told her not to worry about making any payments but her name is still on the mortgage. She is concerned that if she stops paying and he fails to make the house payments that she will get herself into a financial mess. She is unsure of what to do about the situation and is wondering if she needs to get a lawyer to get her name off of the mortgage or is there any other solution? She is working odd and end jobs trying to keep up with her part of the mortgage and is living with a relative. She is afraid she will not be able to afford to hire a lawyer to help her deal with this matter. Is ther a simpler solution to this problem?
1 Answer from Attorneys
It sounds like she might have some equity in the home. If so, she can file a partition action to force sale of the home, and this might lead to her making an offer to refinance and buy her out. The lawyer's fees can be paid out of the sale proceeds...bf will have to share in those.