Legal Question in Family Law in New Jersey

Property Distribution for Unmarried couples

I am unmarried and have been living with my girlfriend for three years. I purchased a house, used my own money (20K)for a down payment and needed another sourse of income to obtain a mortgage. I put her on the mortgage and also on the deed. She has contributed half the mortgage payment every month. We have now broken up and she wants 30K from me to ''buy her out''. Is she entitled to that much money since the down payment was made solely by me? Am I able to subtact the down payment from the increased property value and pay her half the difference? The value of the house probably went up by 75K. Help!


Asked on 11/22/05, 10:12 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Property Distribution for Unmarried couples

You need to retain an attorney. No advice on this bulletin board will solve your problem. Yes, as owner jointly with you, she has ownership rights in this property. I can not tell unless I look at all the documents and talk to you to find out the facts, what her rights are.

Find an attorney who handles real estate and divorce, located near you.

I am such an attorney. Please contact me if I can assist you.

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Answered on 11/22/05, 10:39 am
Barry Kozyra Kozyra & Hartz, LLC

Re: Property Distribution for Unmarried couples

It is likely that your ex-girlfriend will be entitled to some sort of �payback.� At the very least, she will likely be entitled to reimbursement of the value of the monthly contributions she has made toward the property. Documents prepared in connection with the purchase of the home (financing documents, closing statements, etc.) may also be used to define her rights. From a legal perspective, there are a few different ways to view your situation in order to assess what claims your ex-girlfriend may have against the property.

Our firm has experience in handling these types of matters and can discuss your options with you.

If you would like to further discuss this matter with us, please contact Kozyra & Hartz, LLC, and ask to speak to Candice M. Alfonso. Please also refer to your posting when calling.

Thank You,

Candice M. Alfonso, Esq.

Kozyra & Hartz, LLC

140 Eagle Rock Avenue

Roseland, New Jersey 07068

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Answered on 11/22/05, 4:26 pm


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