Legal Question in Real Estate Law in Virginia

Re: Co-Owner Not Paying the Mortgage

It never ceases to amaze me that a single person would buy a house, the biggest investment most people make in a lifetime, and depend on someone who is not committed enough to marry the person, yet expect the other person to be committed enough to pay off a 30 year mortgage.

You could sue for contribution if you are able to pay the mortgage payments. Or you could file a partition suit and buy out his interest if he won't convey it to you voluntarily and ask for contribution in that suit.

If neither alternative is feasible, i.e., he is a ne'er do well who is pretty much judgment proof, you are very likely to wind up in foreclosure and bankruptcy would seem to be the next step.

Unless you are independently wealthy, use better judgment the next time around.

Re: Co-Owner Not Paying the Mortgage

You have an action (in other words you can sue) for his portion of the mortgage payments but at some time either you or him are going to have to sell your individual interests in the property as it is apparent you cannot afford it alone and he either cannot or will not continue paying on the mortgage. He has no obligation for any continuation of child support.