Legal Question in Real Estate Law in New Jersey

unmarried own house

i own a house with my ex-fiance i put down the down-payment.I have made all the mortgage payments and the house is for sale. Neither one of us live in the house and I still have made all the payments. He is claiming half of theinterest and the real estate taxes on his taxes? And he is expecting to get half of the proceeds from the house. What is my recourse?


Asked on 3/19/01, 11:49 am

2 Answers from Attorneys

Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: unmarried own house

you will have to make an agreement prior to closing as to how you will divide the sales proceeds at the time of closing. you will both need to appear (either personally or through power of attorney) at the closing to direct you attorney how much to pay each of you. If you cannot agree how to divide the sales proceeds, your attorney can hold it in escrow and you will have to commence litigation against each other to have a judge decide the split. It seems that equity would dictate that you each get out your investment plus amounts paid in. I will take your side on this case!~~ Good luck.

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Answered on 5/25/01, 4:00 pm

Re: unmarried own house

Unless you can reach an agreement (and that doesn't sound likely given your ex's unreasonable demand. Then, you'd have to file a 'partion' legal action which results in a court judgment determining how the house will be disposed of (one buys the other out or it's sold to a third party) and also sets the amount of money each co-owner gets. You are certainly entitled to credits for all necessary expenses incurred and if your ex has enough equity in the property, you can even get your attorneys fees and costs from him too.

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Answered on 5/25/01, 5:26 pm


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