Legal Question in Real Estate Law in New Jersey
Partition
I purchased a multi-family home a few years ago as a coowner with my college buddy. I really just needed a cosigner, but the realtor convinced us that this would be the best way. I paid for the down payment and have been paying the mortgage, taxes, repairs, maintenance, etc. ever since. Basically, she has never given me any money (I actually even paid of some debt she had on a credit card in order to get the loan) nor has ever lived in the house. Now she wants a partition and tells me that she is entitled to 50% of the home. Is she right? Her name is on the deed and mortgage but I just can't believe that she is entitled to half of the home when I haven't even seen her in about 5 years.
1 Answer from Attorneys
Re: Partition
Your best course of action would be to reason with your former friend to get her to quitclaim her "interest" to you. Perhaps you can induce her to do so by offering to refinance the mortgage in order to get her name off of the loan. If she will not cooperate, perhaps a strongly worded letter from an attorney would help to get her to see the light. If this is unsuccessful, you will need to institute a quiet title action. Even if she filed a partition action, you have defenses, and a court would decide an equitable resolution where the contributions which you mentioned would come into play (i.e., not necessarily 50/50). This is an unfortunate situation but you have facts and law which can assist you. I have handled several matters like this in the past. Feel free to call me if you would like.
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