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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I am a gay male who bought a home with my ex gay partner of

Customer Question

I am a gay male who bought a home with my ex gay partner of 8 years. We are no longet a couple but he still lives in the home with me. We are equall owners per mortgage papers but there has been about 9 months I have paid his part because he is an alcoholic and drug user Can I sue him for monies owed? How ca i get this deadbeat out of the home so that I can get a roomate who will actually help me pay my mortgage?
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - If his name is on the deed he can stay in the house since he is an equal owner. Since you are not married this is simply a partnership in real estate and if he is not paying his share of the expenses you can sue him for the money. Under different financial circumstances where there would be some equity you could file a partition action to force a sale of the house which would get him out but in this case that option is not available.

Obviously you can allow the bank to foreclose but you would then be in the position of having a deficiency judgment against you. There's no easy answer to your question since you have no right to evict him and apparently he could care less if the house goes to foreclosure as I she would just stay until he was forced to leave.

Your choices are to sue him for the one half of the expenses or allow the property to go to foreclosure and file a bankruptcy to avoid the deficiency. Kicking him out is not an option so long as his name is on the deed.

Any verbal agreements the two of you may have are not enforceable since all real estate contracts must be in writing.