Legal Question in Real Estate Law in New York
division of real estate
I am a woman who jointly owned a home in Rockland county, NY with my girlfriend. We were in a committed relationship. We split 8 years ago when she found another and I could no longer live in house. Both names are on deed and on mortgage. I had no benefit of ownership for past 8 years. She refused to settle until now. Is equity split 50/50? Do I need my own lawyer for this or can I trust her lawyer to do paperwork if I like the offer?
2 Answers from Attorneys
Re: division of real estate
Equity split is generally 50/50. However, ex to receive any improvements made to house during period of time, and each party should receive their share of the initial deposit toward the purchase of the house.
You should have your own lawyer. However, you may be able to have the lawyer charge a different fee for different items. For example, the lawyer may only charge a 1 hour fee to review papers and a flat fee to attend the closing.
If you want, you can telephone for further discussion and to review fees.
Mike.
Re: division of real estate
Your girlfriend lived in the house, and I presume that she paid the mortgage and the taxes. If she didn't this could have impaired your credit rating.
Since she lived in the house she had the use of the house, and anywhere else that she chose to live she would of had to pay the rent which would have been an offset to the mortgage and taxes that she paid.
While you had no benefit of ownership, her paying on the mortgage increased the equity of the property.
Thus Equity should be split 50/50. You should consult a lawyer immediately to protect your rights.
It is never advisable for one attorney to represent both sides in a real estate transaction. How could he give advice to both sides.
If you like, you may contact me and we can talk about this matter in detail