Legal Question in Real Estate Law in Maryland

Property Partition and Co-habitation of Unmarried Couple

My boyfriend (4 years) and I purchased a home together in Apr. 07. We both moved in with our son who is now 1 and our children from previous relationships. Both names are on the mortgage as tenants in common. On Feb 6, at 1 am he told me he was moving out, and did that day. His mom didn't want him with me and he chose her. After me harassing him, he finally paid his share of the Feb. mortg. but said he can't cont. to do so b/c he has bills at his new apartment. I cant and had no plans to pay the $2400 mortg on my own. He says the house will need to be sold and that a judge will order a auction and the bank may short sale it. I have sued him for custody and support but since we aren't married they cant deal with property partition. If a judge orders the house sold, will he have to pay his half of the mortgage until teh house is sold? I can't afford to move yet and my older son is in the zoned public school. We entered the obligation together, it seems unfair that he can walk away and not pay his half of the mortgage just b/c he chose to abandon us. Will a judge make him pay his share until the house is sold? Will they kick me out of the house immediately? Will the bank forgive the mortgage like he said in order to get me out?


Asked on 2/25/08, 11:10 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Property Partition and Co-habitation of Unmarried Couple

First of all, the bank will expect to receive the entire mortgage payment and after a few months will declare you to be in default if they don't receive it. Your best bet is to get the boyfriend to agree that if the house is sold, you will get reimbursed for the mortgage payments you make until then out of any sale proceeds available after the sale. Of course, unless you got quite a deal on the property, you probably don't have any equity in it, so there won't be sales proceeds after satisfaction of the mortgage. If that is the case, you could approach the mortgage company and see if they will allow you to deed the property back to them and forgive the balance of the mortgage. It allows them to avoid the expenses of foreclosure, and they'd probably like to do that. As for a judge, since you are not married and don't have a written agreement with the boyfriend over payment of the mortgage, you aren't going to get any help from the court.

Read more
Answered on 2/25/08, 1:56 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland