Legal Question in Real Estate Law in Minnesota

Dead beat friend

My Husband and his friend owns properties together. His friend however has not helped pay on any of the mortgages. They have had a verbal agreement to equally pay the mortgages together on these properties, but that has not happened. I have been helping my husband with these mortgages, especially at a property that we both reside in. What can my husband do about this friend of his. Could I as his wife do anything even though I am not on the mortgage? I don't even know if I am on the title to the property. What can be done legally to get the friend off of the houses? Thanks again.


Asked on 12/26/06, 7:16 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Dead beat friend

It sounds as if you might not know even some of the most basic facts about the situation. You can check with the county recorder's office in the county where the properties are located to see whose name is on the titles. Start by finding that out. Making decisions without all the facts is where a lot of big mistakes come from.

When partners who own real estate together have differences, the legal remedy is often a partition action. Either co-owner can ask the court for a partition, and there is no defense once it is requested. The court orders the property or properties sold, and the proceeds are divided. I would have to research whether your husband can claim his extra contributions to the mortgages from the proceeds of the sale, but I would be surprised if he could not.

If I were you I would immediately stop contributing financially to this situation. All that does is enable your husband to continue accepting abuse from his friend.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney or your choice concerning the details of your case.

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Answered on 12/28/06, 11:37 am


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