Legal Question in Family Law in New York
Home owning
My boyfriend & I just bought a house not even a month ago. We have had a rough four years and just got into a big fight. I told him if he was to break up with me again I am taking the house. Which is both of our names. He said no way b/c he has a co-signer. I guess my question is if something were to happen where we wanted to split up, what would determine who got the house if we both wanted it?I make more money than him so I figured that would come into play a little bit. And he says he owns just about everything in the house. We have never kept receipts or anything to determine who acctually owns what, how would that be split?
1 Answer from Attorneys
Re: Home owning
Your higher earnings, without more, is of little importance.
The "spilt" is likely to be determined to be 50/50, unless you are able to prove (with convincing evidence) that your actual direct and indirect contribution to the acquisition and maintenance of your house and furnishings, was a different or greater percentage, than your "co-owner, guarantor,"
Otherwise, your Deed, mortgage, etc., and the usual practice of sharing a home, "as co-owners" will be presumed to reflect your interest and share in the premises.
Therefore, if you want to obtain exclusive possession of your home, you will be probably need to refinance (to remove your Ex, as Guarantor) and "buy out" or pay off, your co-owner, for his share and interest in the premises, (as may be agreed or determined, by the Court.
Good luck,
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