Re: Shared Real Estate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: You would still be entitled to a share of the proceeds if the house was sold but your proportionate share in the proceeds would be reduced by the amount of your nonpayments, plus incidental and consequential damages that resulted from your nonpayments. Your consent would also be needed to sell your interest in the property, whatever it is, so it will be very difficult to sell anything less than the whole property unless all of the owners agree to sell it. If an agreement cannot be reached for how the property will be sold, then an action to partition the property may be necessary. Try to work things out. Maybe she could rent it on terms that you are comfortable with. Good Luck,

Randall Gilbert

Re: Shared Real Estate

If you are a joint obligor on the mortgage you owe 1/2 of the payment. If you are a joint owner you are entitled to 1/2 the proceeds from the sale from the sale of the home, which by the way requires your signature and approval. Your former "partner" at the time of closing would be entitled to reimbursement your portion of expenses including mortgage payments that you did not make before and after leaving the property.

Re: Shared Real Estate

If you are on the deed she cannot sell the house without you. Due to her volatility and threats, it is unlikely a court would determine that you abandoned the house, but the facts would need to be examined further for a court to make such determination. Technically, you are responsible for 1/2 the mortgage, but she may be responsible to pay rent for exclusive use of the house. These issues will either be determined by agreement or in a court action for partition and accounting. It would be far less expensive to do so by agreement.