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Does co owner owe half of AC repair?

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aries_ch1ld

Junior Member
What is the name of your state (only U.S. law)? Maine

This is a condo. We are buying. We are both on the title. I am a disabled veteran with an anxiety disorder. He left out of shame because he took advantage of my anxiety and took the money I was giving him each month to pay the mortgage to gamble and buy drugs. He tried to go into strategic default without my permission and hid letters in my name.

The type of freon the ac uses is becoming obsolete and costs about 150 to 200 per pound. We need a new new unit which will run about 5k. This was the advice of 3 different AC repairmen. If I do not replace the freon the over drain fills up and water starts leaking out of the drain pipe. The AC unit will not turn off and it will cost even more to repair if I do not replace the freon.

The power company is in his name, but since I live here by myself I said I would take over electric bills. However, the AC bill repairs are mounting since the coils need to be replaced. He is not responding when I ask him for half of the AC repair costs which now exceeding 600 dollars. I have been asking him for over a month. Can I take him to small claims court and have favorable case for him to pay half of the AC repairs? I have sent him bills via mail, email and left a message on his voice mail. I have also contacted his closest relative. She is also ignoring me.

There was no agreement about repairs when he left. He believed this condo would go into foreclosure and he would not have to worry about repair bills. We also have an escrow check worth 300 dollars with both our names but he refuses to come back here to have it cashed. The mortgage company won't split the check into two separate names.
 


Chyvan

Member
It needs both signatures and both present to be cashed.

Not necessarily. It depends on just how the check is written. Only if the word AND is there, do both parties need to endorse. An OR will be accepted with only one party's endorsement. When there is no AND or OR then it's considered an ambiguous payee, and depending on the bank, the teller that's handling the transaction, or the channel you use to deposit it (ATM, mobile deposit, or bank-by-mail), it will still go through more often than not.
 

Zigner

Senior Member, Non-Attorney
Are you sure the bank is going to honor a check that's nearly 2 years old?
 

Chyvan

Member
Are you sure the bank is going to honor a check that's nearly 2 years old?

No, but contractly, all my account agreements have language similiar to "We may choose to pay or not to pay a check that is dated more than 6 months before it is presented for payment regardless of how old it is, and if we pay it, you will be responsible for the check."
 

Dave1952

Senior Member
This fellow was stealing from you to support his gambling addiction. Do you think he has enough money to fix the AC?
I'm puzzled that in Autumn in Maine, you feel the need to repair the AC. I'd think this could be put off for years, if necessary.
I'd urge you to get advice on removing your friend from the title. You do not want to share ownership with him.
 

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