Legal Question in Family Law in New Jersey

Situation:

a) Fiance left our relationship and house abruptly and is moving into an apt around the corner. He would like half of the items we purchased together which sounds like a legal way to divide property but it is my house and he walked out...does it make a difference?

b) Our initial mortgage was in my name only and he contributed $30k or 7% of the downpayment with no written agreement or acknowledgement that he had this interest. I just refinanced again in my name only with 1/2 closing costs paid by him - 12 days before he abruptly left.

QUESTION: what is legally his? would i give him half of all we purchased and then his $30k plus 1/2 of the payments minus 7% of the commission I'd have to pay to sell the house? This comes to 24K less than his initial down payment but it seems fair. After all he's been living in a very nice house for little money. Or what is the law? He makes about 4 times what I do and giving him the 24k would impact if I could meet my payments. He doesn't want to involve lawyers and admitted he doesn't have access to the initial documents to prove anything nor the mortgage in my name to prove the payments. As we paid the monthly payments from a joint account I would think that would be enough for him to prove his input.Perhaps I should close the account?

Thanks for your response!!!


Asked on 12/02/09, 3:11 pm

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

You need to sit down with an attorney and discuss these questions. No one can answer these question properly on line.

Call me if you like, but I may be a bit too far from where you live. Of course, I handle case anywhere in New Jersey.

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Answered on 12/07/09, 3:50 pm


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