Real Estate Law
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Assuming the mortgage is in both owners' names, then the owner who has been paying can inform the other owner that he/she must begin paying half, and even file a lawsuit if it's not done. Winning for half of past payments may be difficult if it appears to the court that the past payments on behalf of the other owner were a gift, but at least going forward that can be put to rest by informing the owner that he/she must pay half, and I would do so in writing so that there is evidence going forward.
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