Legal Question in Real Estate Law in New Mexico
Real estate rights in a domestic partner separation
My ex and I were in a same sex domestic relationship and purchased a home together in 1996 and owned the home as joint tenants. In 2008 she left the house of her own volition without any prior discussion with me. I have since signed a quit claim so that my equity in the property will go to my heirs and not to her. I understand that when the property is sold, the buyer will require a warranty deed.
The equity in the house breaks out to ~55% for her and 45% to me and I make the mortgage, insurance and property tax payments and all mtce. and upkeep of the house and grounds.
She does not want to sell the house at this point because of depressed real estate prices. But her lawyer is asking me to rent the place, move out and make mortgage payments from the rental income, with any excess going into an escrow. Prior to that the lawyer was threatening to sue for partition interest.
What are my rights in continuing to live in the house and taking care of my property till there is mutual agreement on the sale price and timing of the sale? My ex has not shown interest in moving back to the house and the relationship has definitely ended. Thank you.
1 Answer from Attorneys
Re: Real estate rights in a domestic partner separation
There is no legal prohibition to you living in the house, but the "ex" is entitled to the reasonable rental value of her interest. If the reasonable rental value is $1,000, she is entitled to $550.00 per month. However, your interest keeps growing and hers keeps shrinking as you make mortgage payments. Partition means the sale of the house, so it could be in your best interests to have it appraised and offer to buy her interest, if you can, in this down market. Otherwise, keep negotiating. She cannot force you to move out and rent the house as you have the right of occupancy to the extent of your interest.
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