Mortgage and tenants in common


#1

I am divorced with no separation agreement or ED claims. My ex and I are now tenants in common for what used to be the marital home, which I live in. The mortgage and home equity loan are solely in my name, which I’ve been paying. Both loans are interest-only with the option that over-payment will be applied to the principal, thereby increasing equity in the home. The house is for sale now and we will lose money on the transaction. I will get a bonus in Feb and had thought about applying that money to the home equity if the home had not yet sold, meaning I would not need to bring as much to closing when it does finally sell.

In a tenants in common situation, how would it work if I were to start paying down the principal? My fear is that he would petition the court to equally partition the property, meaning he would benefit from the extra payments I had made. Would I get “credit” for the extra payments I had made or would he benefit?


#2

This forum is limited to issues of domestic relations, and property division pursuant to chapter 50 of the NCGS.