Legal Question in Real Estate Law in Massachusetts
My daughter and fiance bought a condo together. They have since broken up and she is in the condo trying to sell. It is on the market and she is paying her portion plus utilities, he ex fiance is paying his portion of the mortgage for now. He is threatening to stop paying saying he doesn't live there anymore and that since she changed the locks, he has no access. She changed the locks after being threatened by him several times. He has no personal property on the premises anymore so there is no reason for him to be in the condo. Is he right in saying that he can just stop paying? She is only there to try and sell and keep their credit.
2 Answers from Attorneys
Assuming he signed the mortgage, if he stops paying his credit will be destroyed just like your daughter's credit. Absent an agreement to the contrary, he is still obligated to pay the mortgage if he signed the note and the mortgage agreement.
He can seek in a Partition action that she be responsible for more of the mortgage payment. However, since she is trying to sell the property, that should not be the issue.
There is nothing that prevents him from stopping making payments other than a desire to maintain his credit score. The obligation to make payments rests with each of the children in their obligation to the lender... they have no obligation to each other since they agreed to be jointly and severably liable for the debt meaning that the lender can collect the entire amount from either or both of them.
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