Legal Question in Real Estate Law in Washington

Boyfriend of 13yrs and I just split. He's moving out soon, his choice. We own a home together. Is he obligated to pay half the mortgage still after he moves until we sell the house?


Asked on 11/03/09, 11:30 pm

1 Answer from Attorneys

Earl Morriss Land Law Washington, PLLC

If you are both on the Deed of Trust (the mortgage) then you are both obligated to pay the mortgage. But, without some type of agreement, he is not nessisarily obligated to pay half - or any other percentage. Also, even if he leaves and pays nothing, he could have a claim on any equity in the house based on past payments. If he stops paying, and you cannot pay, the lender will foreclose - they do not care who is suppose to pay. My other question would be if both of you are on the actual Deed (a Statutory Warranty Deed - the deed which shows the actual ownership of the house - not who owes on the house). There are a variety of other issues which might come up from your long term relationship - for example, while Washington does not have common law marriage, it does have what is called a meritrious relationship - which creates many of the same obligations as marriage. You probably should take your situation to a family law attorney...

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Answered on 11/09/09, 11:01 am


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