Legal Question in Real Estate Law in New York

my belongings
I bought a home with my fiancie however, he became abusive and I decided to leave. In the process of leaving I was told my name was not on the deed. I signed papers for my name to be on the deed. I do not know what happened. He still has some of my personal items and I would like them I dont know what to do considering I am not aloud back to the house due to the home ''not being mine''. I have called our lawyer many times but he never returns my calls. I am assuming because he is the one who told me my name was not on the deed. I would like to know how to get my items and anything else i am entitled to. Thank you

Asked on 1/10/04, 9:58 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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Re: my belongings

You need an independent attorney and must act quickly. Did you sign any mortgage papers? Is there a mortgage on the property? You will probably have to to get entry, to recover your property and any funds you may have contributed to the purchase, operating costs (taxes, insurance, etc.) If there was a mortgage and you co-signed, you may be able to get your name on the Deed, although it will probably be argued that you were merely a guarantor. You will have to get off the mortgage if you signed it, and this should also be part of any suit.

Answered on 1/13/04, 1:09 pm

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Seth Kaufman Seth M. Kaufman

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Re: my belongings

Mr. Slater is correct. You need to consult with your own attorney as soon as possible. He or she will be able to determine immediately who is on the deed. If you are not on the deed, then you may have other causes of action to collect your personal property and any contributions you may have made to the purchase or improvement of the home. Depending on the nature of any agreements you may have had as a couple, you may be able to enforce them, although such claims between unmarried partners are generally difficult to bring. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial conultation.

Answered on 1/11/04, 6:27 pm

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