Legal Question in Real Estate Law in Michigan

Home ownership/unmaried couples

My daughter purchased a home jointly with her boyfriend a year ago. They broke up recently and he does not want the responsibility of the house so she is living there with their child. She can't afford the mortgage pmt and all the bills and wants to protect her credit. Does she have any options for keeping the house or does he have any obligation to help pay the mtg ro sheould she just abandon the home?


Asked on 9/29/08, 1:50 pm

2 Answers from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Home ownership/unmaried couples

Both she and the boyfriend are obligated on any contracts they entered. If he does not pay, she will be forced to pay if she does not want her credit affected. If she cannot afford the home, she should put it up for sale, find a tenant who can afford it, etc. She can also file for bankruptcy and try to reaffirm the debt entering a new contract with the lender.

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Answered on 9/29/08, 1:57 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Home ownership/unmaried couples

If she is on the mortgage, failure to pay the mortgage will hurt her credit. It will also hurt his credit, provided they are both on the mortgage. If he doesn't want bad credit he needs to be made aware of the situation so a reasonable solution can be worked out to soften the blow on both of their credit. She cannot keep the house if she cannot afford to keep the house, as it is unlikely the ex boyfriend is going to want to pay for a house he isn't even living in. Selling the house is probably the best way to go. Abandoning the home is not the smartest idea as it decreases the value of the home even more which can adversely effect your daughter and her ex in a foreclosure proceeding.

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Answered on 10/01/08, 1:08 pm


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