QUESTION
Can you evict a 1/3 owner from your for non-payment of mortgage?
Asked on Jan 10th, 2013 on Landlord and Tenant Law - New York
More details to this question:
A long time friend purchased a home with my wife and myself 3 years ago. He initially invested 12k into the purchase of the home, in the past 3 years my wife and I have invested over 20k into upgrading the home for eventual resale. This past year my friend lost his job and has been on unemployment for it's full 13 month term. He now has no income and cannot pay his share of the mortgage. I have covered his 1/3 of the mortgage for the past 2 months, but I cannot afford to so any further. Can I legally evict him to find a tenant who can cover his 1/3 of the mortgage? I do not want to lose my home, and force my wife to close her home business and force us with our daughter onto the street because of my friends poor decisions.
1 ANSWER
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You need to retain counsel to commence a partition action - in essence force the sale of the home in total to a 3rd party or your buy out of the property. This will not be necessary if he consents to put the property on the market. If he does not you need to resort to the courts.
Answered on Jan 13th, 2013 at 8:16 PM