Legal Question in Family Law in New York

I live in New York. Four years ago my girlfriend and I bought a house together but because of a past bankruptcy the loan and deed were put in her name, with a verbal agreement that I would be put on the deed in the near future. That never happened. We lived as married, shared a joint checking account, and I put many hours of work into the home over the years. Now she is splitting up with me and I have moved out. Granted, she did put the original down payment on the house and has more invested financially, but I did pay my share of the mortgage every month. Is it possible that I could be entitled to anything from my investment into the home even though my name isn't on any documents supporting ownership?


Asked on 12/25/10, 12:54 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. Is it possible that I could be entitled to anything from my investment into the home even though my name isn't on any documents supporting ownership?

A. Yes. It is called a constructive trust. There are four requirements of a constructive trust (1) a confidential or fiduciary relation, (2) a promise, (3) a transfer in reliance on the promise, and (4) unjust enrichment (NY Jur2d Trusts section 168).

I will admit that you would have a problem with #3 since there was no "transfer". However, if there is no constructive trust, you would be entitled to the return of money "loaned" for your share of the mortgage every month.

Mike.

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Answered on 12/30/10, 5:39 am


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