Legal Question in Real Estate Law in Louisiana

Co owner's succession responsibility for half of mortgage

I owned property with a friend who passed away over 2 years ago and the bank took her name off the mortgage. Her family owns half the property but does not want to pay any of the mortgage since her name was taken off. The house is up foir sale but the price they demanded to list it at is way too high. If I do a petition for partition do I have any chance of recovering any of the mortgage payments I made? What if I cannot afford to continue the payments in the meantime until the partition is done? How long does it take to get the property sold after the petition is filed?


Asked on 12/22/08, 6:47 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Co owner's succession responsibility for half of mortgage

Using the few facts you provided, you will get back all moneys you paid toward the property in excess of what the other owner paid. Of course I assume you are not living there. That is different. They could claim a rental offset. So, pay a little for a consultation with an attorney and take all the paperwork on the property. He will then be able to assist you in deciding what to do.

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Answered on 12/23/08, 7:50 am


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