Unmarried Co-Owner's one has abandoned property?

Question

I have a friend (really a friend) in Indiana who is unmarried and jointly bought a house with her boyfriend (NO CONTRACT between them).  Now the boyfriend has taken a job in Kentucky, and has abandoned the house (not making any payments or doing any upkeep).  Is there a 'law' that allows her to declare that he abandoned 'their' property?  If so, what is that called or where can I find information on it?  How long does he have to be 'not paying/contributing' to call it abandonment.  She is paying all of the bills/upkeep on the home, and is wondering if such a law exists?  

I would appreciate any insight from experienced individuals, especially attorney's, mortgage underwriters and real estate brokers.  I'm open to anyone that has been through this as well.  I'm just hoping for informed answers please :)  Thank you in advance :)

Mary · Accepted Answer

This is what we call a 'learning experience.'  If you play house, you pay for it.  She'll have to buy him out if she wants to maintain her credit score and the house.  Not paying the mortgage is NOT a good idea.  All she will do is screw up her own credit and lose the house.  If he is being a jerk and wants more than his fair share, she'll basically have to pay him or sue him.
If she can prove that she put up all the down payment money (i.e., from her own, separate checking account and good records of where the money came from), she may be able to sue him for it; consult a lawyer.

maamu · Answer

Abandonment of property is hard to prove as long as the payments are being made and one of the parties still occupies the house.

Your friend's only option is to get this guy to sign off any interest he has in the house.  She can offer to buy him out if she wants to.  This should be reviewed by an attorney.

By the way, even if the mortgage is in both names, she can still title the house solely in her name (that is if she convinces him to sign the house over)

M

teran_realtor · Answer

Tell your friend to sell the house.  Her ex boyfriend will have to sign the listing agreement, the sales contract and the papers at the closing.  He will get half the proceeds.  Tell her to do this before getting behind on any payments, and keep her credit clean, so she can then go out and buy her own house.

Julia B · Answer

If he wasn't titled, tell her to send him what she thinks is fair to buy him out!  Send it certified and make sure the cashiers check states that it what the check is for.  If he cashes the check, he is giving up his rights to the property because he had accepted payment!  It is definitely worth a try.  Have her run this past an attorney to C.Y.A.(that's cover your a** to everyone not from US).If his name isn't on the paperwork, he has no claim especially since they weren't married!

Big C · Answer

One way is go talk to someone in the city or county land office.  or the place where you pay taxes.  They can pretty well tell you what you can do.  Each state is probably different.

Anonymous · Answer

talk to a lawyer at this point. Other than letting the place foreclose and re-purchasing it, I can see no legal alternative. Maybe she should threaten foreclosure in order for him to quit claim the deed.

Regards

? · Answer

in case you may record your letters and the stuff is trash,unload it. regardless of the indisputable fact that the criminal way will be to ask the city and county for written criminal approaches. short of asking a criminal specialist. Or a house property administration employer doing employer on your city, solid success

Anonymous · Answer

buy him out make him a offer and hope he takes it unless he is willing to sign away his interests in the property

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Unmarried Co-Owner's one has abandoned property?

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