Legal Question in Real Estate Law in New Jersey

Abandonment?

My boyfriend and I (of 8 Yrs.) bought a house together 3 years ago.

We are now breaking up and my daughetr and I are the chosen ones to leave.

I am on the deed, and the home equity loan (I think), but NOT the mortgage.

What are the laws if I leave. Is that considered abandonment?

Will I face a penalty of some sort?

My boyfriend does not intend on moving and I know does not have enough money to buy me out.

What would my next step be?


Asked on 10/19/07, 10:46 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

partition action

Forget about "abandonment". There is no legal concept in that regard that applies to this situation.

You need to get an attorney to file what is called a "Partition Action" to force the sale of the house or to force him to buy you out. Any real estate attorney can explain this to you in more detail.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a real estate attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

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Answered on 10/19/07, 11:00 am


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