Legal Question in Real Estate Law in Massachusetts

mortgage responsibilities
when an unmarried couple purchase home together, both names on the mortgage, and one party up and leaves and does not honor the commitment, what action can the remaining owner take to rectify this problem? Several contacts have been made with no success. If he can't pay mortgage on his salary, what options, if any, does he have.

Asked on 5/02/09, 8:42 am

Michael T. Dwyer LAW OFFICE OF MICHAEL T. DWYER

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Re: mortgage responsibilities

Sell the house or pay the mortgage and sue the other party for his half of the mortgage payments.

Answered on 5/02/09, 8:55 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Re: mortgage responsibilities

the remaining owner is totally liable for the debt. If the remaining owner cannot do this, he should consider a short sale or re-negotiate the debt.

Answered on 5/04/09, 5:03 pm

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Re: mortgage responsibilities

You have several options:

1. Sue for contribution;

2. file a Petition to Partition and sell the property

3. Work out a buy-out of the other party deducting his required contribution that he has not made to date.

If you wish to discuss the case without obligation, please feel free to contact me.

Answered on 5/02/09, 12:25 pm

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