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What rights do I have for shared property and a home I partly paid for/still paying for but the deed is not in my name?
Browns Mills, NJ
Viewed 36 times.
Posted 6 months ago in Landlord / Tenant
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My boyfriend and I purchased a home 3 yrs ago, with money from both of us. His name is on the deed and not mine; due to my credit at the time. I want to move out but am not sure what rights I have regarding shared property (furniture, DVD's, etc). I have also pay half the mortgage and utilities each month. He also claims the house on his taxes. We share the tax refund for items/improvements for the house. He stated previously that I move out I "get nothing" and he gets everything. This seems illegal considering I am the only one that purchased any furniture, major appliances or home decor in general. What can I claim as mine and can I get any money back from this investment I have been paying into? I cannot afford a lawyer; especially since I will need to find a new home on my own.Pls help
Answers (1)Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 6 months ago.
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It,is never wise to purchase mutual real estate prior to a marriage. Married couples share the marital home as a "tenancy by the entirety" which means both can claim ownership even if one is not on the deed.
In your case your own claim to the home is a constructive partnership which is difficult to prove because you have no document formalizing your equity in the home. Your receipts for furnishings, your checks as to mortgage and utility payments, are all paper proof of your claim to a shared equity. Another way to look at this is you cannot afford not to hire a lawyer even if it only to review your papers when you see what you can lose in regards to the equity in the house. You might be able to sue for a forced sale, but without your name on the deed that will be difficult. You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful. (Even if you are not filing a lawsuit this information can be useful). You might find my legal guide on commercial litigation helpful. . You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful. You might find my legal guide on divorce in general and in NJ helpful. (Much of this information is valid for unmarrieds who have children together). LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an
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