Great question and great answers. An attorney is definately needed here and more information is needed. Value of property now vs purchase price. How do they hold title. Was there any partnership agreement and how was it to be executed. If the value is upside down....does he owe her money.

Unfortunately she should consult with a good attorney to get to the bottom of this and I am hoping she kep good records.

Anna, all depends if there is any equity and WHAT they put down at the time of the sale. Downside for the boyfriend is he might find out the Equity he assumes is there is gone and now MOM has to sell her property short and he gets nailed with debt relief and a big, fat tax bill!! (or at least half of your Moms). I don't know what state you live in so talk to a good estate/real estate attorney, get an appraisal on the property and then start doing the math. You might be able to pro-rate his down payment and the time he co-payed the payments with your Mom. Good luck!! This points out the reason you DON'T enter into these agreements without everything in writing before hand. Get it in writing!

Yikes! Definitely find a good attorney...hopefully your mother kept good records. If there is any equity, he may be entitled to something.

She needs an attorney....for sure.

There is a good chance that he is entitled to some money. But you need to get an attorney to figure it out. This is not something we can give a definete answer to unless we know the laws in your state. And we shouldn't really anyway because it is surely a question that may go to court.

When I go to write an offer for a couple that aren't married I always bring that issue up. I usually put it this way...kinda tongue in cheek. "OK...you two are signing a committment to a 30 year mortgage, are you planning to stay together that long?". That at least gets the conversation started.

How did they take title? Since both of their names are on the mortgage I am assuming (which one should never do) that they are both on title. Since your mom had no way of contacting him, she was really not able to sell the house without getting a court order. While she had the exclusive use of the property, it was not what she had bargained for. It's impossible to say what a court would ultimately decide, but if I were the judge, I'd say he owes mom 1/2 of what she paid in interest and taxes and what he owes should be deducted from his share of the proceeds if there's enough. If his share is not sufficient, then he should get nothing and mom may want to sue him for the difference. Whether it's worth mom's time, effort and energy, will depend on how much the deficiency is. My guess is that boyfriend will take a hike again if he can't get any money now. If they can't agree on how the proceeds should be distributed, it's possible that all the money will be tied up until a consensus can be reached or a court order is issued. Good luck to mom.

Unfortunately, yes. He is on the mortgage and deed (how are they holding title, by the way? Joint Tenancy or Tenants-in-Common. Joint Tenancy is an auto 50/50 split, and Tenants in Common has specified percentages on deed), and is therefore entitled to any profit from the sale.

However, if your mother has kept good records and can prove in court that her ex had not contributed towards the equity of the house over the past 2 years, she may be able to retain a higher split, regardless of how they are holding title, as Patrick suggested.

An attorney is definitely necessary in this case.

Sorry for your mom!

This is a question for "Lawyer Man". However, I will say -that in order for him be eligible for the entire amount - he will have to pay for 1/2 his share of everything... mortgage, taxes, etc. Basically all the costs associated with the proper funding & maintenance on the home.

Furthermore, when does he expect to be paid "half"? I would definitely contact a lawyer, there are so many avenues. I would personally get him off the deed for abandonment - to try to "stop" his accumulation of the equity within the home.

Stop here - I'm not a lawyer & I don't practice RE in Ohio. Get Mom on the phone to a lawyer - asap.

Well in a court of law yes.
However I would stop the sale and have Mom sue for the half he has not paid.
She is going to have to do something, because his name is on the mortgage papers.
Either try to recover the money before the sale, or have him sign a contract that says mom will receive the money owed from him at close.
You need a attorney, and have him pay legal expenses.