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My name is on the mortgage and deed, does that mean I am part owner of the home?

Belmar, NJ |

I have been making the monthly mortgage payments, part of the property tax, in addition to any repairs and upkeep on the home under the assumption I was part owner. When I questioned my status as part owner I was told that is not the case. By co-signing, I did them a favor and would be compensated at time of their death through their life insurance policy. I have never seen or heard of the life insurance policy. What are my rights to ownership of the home?

Attorney Answers 3


If your name is on the deed, you are part owner of the property.

This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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3 lawyers agree


I agree that if you are the deed you are a part owner. One option you have is to bring a partition action which essentially would force a sale of the property and division of proceeds.

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4 lawyers agree


You are not only an owner in law because your name is on the deed, you may also have an equitable interest if you have been making payments and taking care of the place. I don't know who "they" are, but it hardly matters. Call for a consultation with a real estate lawyer if issues have arisen related to ownership.

DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.

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