Legal Question in Family Law in New Jersey

Re: Unmarried Real Estate

"Fair" is hard to determine. It really will depend on several things.

Legal rights and duties: To summarize very briefly and leaving out all the exceptions, it sounds like you and he both own the house, and therefore both have the right to occupy it, rent it out, make use of it. You have equal rights with him.

Duties: you both probably signed the promissory note, saying that both of you promised to pay the mortgage. So, between you and him and the mortgage company, both of you promised to pay.

Between you and boyfriend, it is not so clear. And no attorney can tell you over this website.

You should sit down with a lawyer, pay him or her for his/her time, and get some advice and guidance.

You have put a fair amount of money into this, and there may be equity (money value) in the house. Go see a lawyer.

Good luck to you. If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Re: Unmarried Real Estate

In a nutshell, it sounds fair to me. However, I suggest you deal with this right away. You either have to sell the house and split the proceeds or someone has to buy out the other. I also suggest you get an attorney to help you with this. Its not as complicated as a divorce so it will not be expensive.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

Re: Unmarried Real Estate

Your responsibility is to pay half of the mortgage and costs to maintain the property. However, since he is occupying alone, his responsibility is to pay the fair market rental value of the property and apply that to the costs. The ideal situation would be to work out an agreement to pay you your fair share of the property and have him refinance the mortgage to buy you out. If he will not do that you have a right to force him to do it by filing a lawsuit called a partition action. You should see a lawyer to start this action or to put any agreement you work out in writing. If you would like further help,please call my office for an appointment. Mention Law Guru and receive the first appointment as a free consultation.