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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello again, this house I own with him is so confusing. The

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Hello again, this house I own with him is so confusing. The deed is in both our names but the mortgage is in just mine. He has agreed to leave and sell me his half, but he is taking forever to move. I have tenants waiting to get in. I have a serious heart problem and I am on disability, He makes 96,000.00 dollars a year and has refused to pay any of the mortgage for 15 months. I had to wait a year for my disability to go through. What can I do, I need a place to live and I want my home so I can have my pets ( they bring me so much comfort). Is there anyway I can buy another home before this forclosure goes through seeing as he just wants to live here until they come lock him out and unfortunately me also. I do not want to pay the whole thing and have him here free.

Thank you for your question and thank you most kindly for requesting me to assist you further.

If the mortgage is solely in your name, then legally he has no obligation to pay the mortgage in any way even if his name is XXXXX XXXXX That is because he has no legal obligation to the creditor as that debt is solely yours. As for getting him to leave faster, that is somewhat complex--if you can show that there is a written contract in place then you could potentially file for breach of contract and compel him to leave via court order--it would then permit you to seek a formal eviction. In addition, if the loan is under your name, you can potentially choose to stop payments and compel foreclosure, then bid on your own property. This, however, can seriously affect your own credit due to the loan being in your name.

Good luck.

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