Both Responsible

greenspun.com : LUSENET : Repossession : One Thread

Hello, my question is: I had a house reposessed about 10 years ago, they chased me for the shortfall in 1997 where I have paid 30 a month every month without fail. As I admit I am responsible for this debt, I believe my ex-partner, who purchased the house with me, does not pay a penny and went as far as changing his name by deed poll to avoid detection. I feel this is very unfair. Is it true that If the lender catches up with one of the parties the other is then left alone. Please help.

-- Wendy Wilson (wendywilson826@hotmail.com), March 23, 2004

Answers

This is basically called "cherrypicking" - you are both jointly and individually (severally) liable for the debt if the property was in joint names - it is a fact of life that the creditor will go for the easiest option, and that, in this case is you. You have rolled over and paid them 30 a month - why should they bother with the other party when they are getting it all from you.

All you can do is try and get your ex-partner to repay some of the debt to you, or perhaps if you were to go bankrupt depending on your circumstances.

Unfortunately, with paying them, you have "started the clock" again so far as court proceedings are concerned, and if you stopped paying, they would no doubt summons you alone.

-- David J. Button (davidjohnbutton@supanet.com), March 24, 2004.


Moderation questions? read the FAQ