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ajrv · Joined: 25 May 2006 Posts: 3 1.12 Dollars($)

I purchased a home with someone we have had it for a year and 4 months, we are spliting, but we can't refiance until we have had the house for two years and we have to come up with around $6000 to sell, but she hasn't given me her half of the mortgage for the last 2 months, I want to know if there is anything legally that I can do to make her pay until we are able to sell or refinance to take her name off the mortgage

jameshogg · Posted: Fri Oct 20, 2006 11:41 am Post subject:

Hi,

As a co-borrower you will have to pay the amounts even if she is not paying her share. What you can do is ask her about the reason she is not paying.

If you tell her that if she doesn't pay her share of the mortgage then you also will not be able to continue with making the full payment to the lender and the mortgage can go into default and will have negative affect on the credit of both of them and there is also a possibility that the lender might foreclose.

I think then she might understand the situation and start paying again if she has the financial means and was not paying because of the split you are going to have.

Thanks
James

Guest

I too agree that if the house goes into foreclosure because of non-payment of monthly dues then it will be greater loss for both of you.

helping_user · Posted: Mon Oct 23, 2006 12:09 am Post subject: RE:

Hi Ajrv,

I don't think legally there is any way by which you can make the other person pay for the loan. What you can do is just explain her about what may happen if she fails to make the necessary payments. Let her know that if she fails to pay down her part of the loan, then even if you pay your share, there can be a default. The lender in that case may call for a foreclosure on the home and that's how both of your credit can get affected.

If the other person still does not re-start making payments, then you may consult your lawyer and ask him if it is possible to make her pay through any court approved legal statement demanding that she should make regular payments.

Thanks

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