Legal Question in Real Estate Law in New Jersey

Re: Bought a house with fiancee, now separating

Unless you had a written agreement with your fiance about how each of you would own your respective interests, you would have to work out such an agreement now.

If you can show your receipts or payments for the personal property you purchased, and you or your parents can show that you paid the amounts spent to improve the house, you may be able to claim those items and contributions.

If your fiance can qualify for a mortgage without you, he can refinance the house with that mortgage, buying your interest, and after paying the existing mortgage, you and your fiance can divide the net proceeds of the sale. As part of the refinance settlement, you would give [actually, you would be selling] a deed of your interest to your fiance, so that he alone will own the house. If you are going this route, you must have a written agreement, and should contact a lawyer to assist you.

If you and your fiance cannot come to an agreement now about dividing the personal property and you or your fiance buying the interest of the other, you will have to go to court to seek partition of the house property. Usually, if the parties cannot agree, the court will order a sale with a division of the proceeds of sale. This always costs more than coming to an agreement without going to court, and both of you will end up with much less.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.