Legal Question in Real Estate Law in Maryland

Your mortgage company does not care who pays the mortgage, as long as it's paid. If the mortgage is not paid, the lender will declare a default and start the foreclosure process. You will not be able to use the fact that your co-borrower didn't pay her half to avoid foreclosure. The lender will also be able to sue you, her, or both for the FULL amount of any deficiency after the sale of the home through foreclosure. If the lender decides to come after you for the full amount and is successful, your only remedy will be to sue the co-borrower for reimbursement of the portion she should have paid.

Whether you can sell the house depends on who is on title (the deed). If you are both on the deed, you will not be able to sell the house without her written consent. If you are the only name on the deed, you do not need her permission (regardless of whether she is on the mortgage as a co-borrower) to sell the property.

Whether she can claim money from you in the future if you sell depends on what her interest in the property is at the time of sale. For instance, if she's a 50% owner, she can claim 50% less anything you paid for the mortgage on your own. If she's not on the deed at all, she may be able to make a claim against you for the return of her equity investments in the home. However, she will have to prove by more than her testimony that she actually paid those amounts -- she will have to produce receipts, copies of checks, to account for every dollar she claims she contributed.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******