Legal Question in Family Law in New York
sepeeration of unmarried couple in NY
I have cohabitated with my partner in a 20 year monogamous relationship.We comingle all our assets and use her checking acc to clear both of our paychecks and pay all our bills.Mortgage and deed are in her name as is the bank account.We do however hold a credit card with my name included,which I feel is key to proving intent so equally share assets and debts.The BIG question is,if she decides to sell the house do I have any legal recourse to obtain a share of the profit.I have also made several large ticket improvements during the years we have occupied the house we are in now. Her position is I get nothing,I do not want to believe that is true.
2 Answers from Attorneys
Re: sepeeration of unmarried couple in NY
You need to provide more information to get an idea about what you may ultimately claim, but I agree with Mr. Weicker. There are no shared economic interests other than what you may have agreed upon. Your potential interest in the real estate depends on what arrangements you and your partner understood or expressly agreed to. Call my office to discuss this in further detail prior to taking any action.
Re: sepeeration of unmarried couple in NY
New York does not represent "common law marriage," and do not reward monogamous dating. However, you may have a verbal business agreement (a partnership) that will be recognized and enforced by the courts; this will need to be proven through extrinsic evidence (unless you have a written contract) and your years of living together and commingled assets may evidence an intent to be equal partners. You can and should consult with an attorney BEFORE the breakup or sale happens
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