A couple not married had a house built. One year after they moved in they split and she moves out. The guy needed tenants to help with the mortgage. Now 20 months after the woman abandoned the property, she is forcing the guy to sell. She didn't pay for anything towards the house in this 20 month time frame.

Why is she entitled to make demands to sell the house and to whom it gets sold to, let alone get half of the profit?

closed as unclear what you're asking by Nathan L, gef05, JoeTaxpayer Mar 30 '17 at 22:25

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  • Are they both listed on the mortgage, deed, all the paperwork? – Michael Mar 30 '17 at 20:08
  • Yes and because she is on it and hasn't paid anything towards the house in this 20 month timeframe. Why should she have a say in anything... – user55101 Mar 30 '17 at 20:11
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    Did you have a contract that said she had to pay? I would guess not, all that matters is what is legally documented. You may want to hire a lawyer, which is the general advice given in these situations. We get a question like this about every 10 days. – Pete B. Mar 30 '17 at 20:14
  • Her contract is the mortgage – user55101 Mar 30 '17 at 20:15
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    Her being on the mortgage does not obligate her to pay any of it. One of them has to pay; the bank doesn't care which. – D Stanley Mar 30 '17 at 20:25

Her being one the mortgage does not obligate her to pay it. It obligates one of them to pay it. The bank doesn't care which.

However, it also doesn't give her the right to force the guy to sell. She can demand it, scream and holler. but BOTH of them have to be willing to sell to make it happen.

If the guy is not willing to sell, he can offer to buy her out of half of the house. Get her to make a "quit claim" deed, and then sell or refinance, taking her name off of the mortgage.

  • Doesn't matter what's on the mortgage, what matters is what's on the title. If she's on the title, your advice is sound. If she's not on the title, he can tell her to go pound sand. He could also, theoretically, stop paying the mortgage and trash her credit (along with his own). – Xalorous Mar 31 '17 at 1:50
  • OP subtly indicates she's on the deed in a comment. – D Stanley Mar 31 '17 at 2:24

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