Legal Question in Real Estate Law in New York

Co-op co-owners with an ex-boyfriend

I own a co-op with my ex-boyfriend. I moved out, he is still lving there (apt is on the market). I am still paying half the mortgage and maintenance and can no longer afford it. He will not return my phone calls and emails and he is turning down offers without consulting me on them first. What are my rights? Can I force him to pay all the mortgage and maintenance since he is still living there? Can I force him to vacate?


Asked on 10/05/07, 12:28 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Co-op co-owners with an ex-boyfriend

Having moved out yourself, you can't force him to leave. However, if you can't agree on terms to maintain or sell the apartment, you can bring an action to declare your respective interests and obligations, for example, or even to sell the property and divide the proceeds. Though you should still be paying your share to carry the apartment, he should be paying more to reflect the value of the benefit he receives by living there. Consult an attorney as soon as possible to discuss all of the relevant facts and details to get proper advice.

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Answered on 10/07/07, 5:18 pm


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