Legal Question in Real Estate Law in New Hampshire

Re: Real Estate

Although this may sound self-serving, you should consult with an attorney. Joint ownership of a house can be quite a challenge when the parties are not married. If the two of you can reach an agreement, it would be preferable. If not, a Petition To Partition in Superior Court may be necessary to determine what rights each of you have in the property.

Re: Real Estate

As a California lawyer, my comments should be taken as very general and maybe inappropriate to New Hampshire. However, the following might be worth considering:

(1) Make an economic as well as legal evaluation of your situation. Get a good opinion as to the current market value of the property itself, then figure the net equity you have after deducting loans against the property, selling costs, possible legal fees, etc.

(2) Get a good handle on whether you, he, or neither of you wants to stay in this home after the breakup.

(3) Consider whether you, he, or neither of you would be entitled to reimbursement from the other, or from the proceeds of sale, for excess contributions to costs such as property taxes, mortgage payments, insurance and necessary repairs while you co-owned the home.

(4) Finally, if either of you made a greater contribution to the original purchase price, that person may be equitably entitled to a greater percentage of ownership, notwitstanding record title showning equal ownership as joint tenants of tenants in common. This occurs under a theory known as "purchase-money resulting trust" holding that ownership percentage follows down-payment contribution percentage unless a contract between the owners shows a different intent, or unless the circumstances show an intent by the greater payor to make a gift.