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Reimbursement and Future Obligations for Jointly Owned Property After Breakup

My fiance and I bought a house together 2 1/2 years ago. We recently have ended our relationship, and I don't know what my options are now with respect to the house and mortgage. I have been paying the entire mortgage and utilities for the past two years (he has been out of work). He doesn't want to move out, and in a perfect world, I don't want to either, but obviously we are not going to stay under the same roof. I need to find the deed to determine whether this is a joint tenancy or tenancy in common, but under either scenario, what is my recourse for getting reimbursed for back mortgage, or only having to pay for part of the mortgage going forward (without hurting my credit). Also, if I move out, does that have any impact on my legal ownership of the property - I cannot be said to have abandoned it, can I?

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You will not lose your ownership interest in the house by moving out.  However, if you are both liable for the mortgage payment (as would be the case with joint ownership), then you need to make sure the payments are made.  The mortgage holder isn't going to give a rat's behind that your former fiance is not contributing as he should.  If the payments are not made your credit score will suffer.  You can follow this link for some information about filing a Petition to Partition, and this link for information about collecting money owned from the joint tenant during the Petition to Partition process.  Good luck.

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