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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39045
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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In May of 2013, my girlfriend and I jointly purchased a home

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In May of 2013, my girlfriend and I jointly purchased a home in Florida. The home was financed by a private individual as follows $245,000 purchase price, with 30,000 down supplied by my girlfriend. Other than the mortgage paperwork which states we will pay 1302.86 each month, we have no written agreements of any kind. Since then, we have parted ways (under other than amicable circumstances) and I have made reasonable efforts to make arrangements to sell the house. I have no access to the property and I do not live there. She has refused. I have made contact with a lawyer who advised me about partitioning, and I cannot afford the expense associated with this. I was recently injured and I can no longer afford to keep paying the monthly amount. My now ex-girlfriend has sent me an email that she will sue me if I don't keep making my monthly payments. Does she have any legal recourse against me? I just want this to be over and done with so we may move on with our lives. Any information you can provide would be greatly appreciated.

Your ex can sue you, but she will lose. In Bailey v. Parker, 492 So.2d 1175 (FL App. 1st 8/18/1986), the Florida 1st District Court of Appeal held that tenants in common must share equally in all property expenses, including mortgage payments, taxes, insurance and necessary repairs, except where one cotenant has sole possession of property and is receiving all profits therefrom.

The court's ruling in Bailey exactly matches your circumstances.

Hope this helps.
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Customer: replied 3 years ago.

Thank you, XXXXX XXXXX perfect! I appreciate your time!