Legal Question in Family Law in New Jersey

Property rights in domestic partnerships

I have lived with a man for 14 years. 10 years ago he purchased the home we live in. The mortgage and deed are in his name only because at the time my credit was not in good standing. From 1994 until 1999 the mortgage was paid out of my checking account. In 1999 he decided that he would go on my checking account. I still write all the monthly mortgage payments and have put umpteen amount of money in home improvements over the years into this home. If we were to split up, would I be entitled to a portion of the equity in the home. The home was purchased with 0 money down. It is worth much more than was paid for it. Thank you.


Asked on 6/13/05, 10:50 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Property rights in domestic partnerships

It appears to me that you and your friend have a "joint enterprise" or "partnership" with regard to the house and if you split up, it appears to me that the Court should deal equitably with regard to the division of same, ignoring the exact wording on the deed with regard to ownership. Your partner, of course, will argue to the contrary and it will be very important to establish, by testimony and by documentation, the substantial contributions that you have made over the years. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 6/13/05, 11:29 am


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