Legal Question in Real Estate Law in Texas

Co-borrower abandoned property and payments

My now ex-boyfriend and I bought a home that was our only residence in 2004. We are both on the title and the mortgage. In late 2007 we split but agreed to both stay in the property and continue our payments until he could get it refinanced in just his name and I would vacate the property and be released from any further financial responsibility. In May 2008, I returned home to find that he had moved out and left a note saying that he wanted nothing more to do with the house and to just let it be foreclosed upon if I couldn't refinance. Since I cannot refinance in only my name, I put the house up for sale. There's no telling how long it will have to sit on the market until it sells, meanwhile I am $900 short every month for bills that has to be borrowed from family. How would I go about suing the co-borrower for at least his half of the monthly house payment. Should I wait until it sells to sue for a total amount due? Also, what type of lawyer do I seek? I already have a family law attorney on retainer for our child support and visitation issues, but I'm not sure she is versed in this type of law.


Asked on 8/15/08, 5:36 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Co-borrower abandoned property and payments

You can sue him in small claims court up to $10,000. Anything above would be an expensive lawsuit and probably not worth it.

In the meantime, find a broker who specializes in short sales and start working with the lender immediately. Call the loss mitigation dept. Many times, they will work with you until the property is sold.

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Answered on 8/15/08, 12:48 pm


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