Legal Question in Real Estate Law in New York

My Fiance' owns a home with a friend. They both live in the home (single family with accessory apartment) . My Fiance has paid 2/3 of the mortgage for the last 7 years. Was unemployed for approx 24 mos and still kept up the payments. Recently we ran into financial disaster and cannot afford to pay. He told the other owner who, after only 2 mos of paying the mortgage filed a lawsuit stating that My Fiance didnt pay his 50% as agreed. (There is no written agreement between the two). We can prove that we paid 2/3 of the mortgage, plus 3 years of the Homeowners insurance, 13 straight months of the gas and electric (one meter for the house), along with many other things like exterminators , plumbers etc. What legal recourse does he have to file for an action for partition, and what lkegal recourse do we have showing all the money we have paid out already, well over the 50% he is suing about.


Asked on 12/28/10, 8:04 am

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

Q. What legal recourse does he have to file for an action for partition, and what lkegal recourse do we have showing all the money we have paid out already, well over the 50% he is suing about.

A. He does not have to start a new action. Assuming that the action is in Supreme Court, he would simple counter-claim for partition. Under the partition action there would be an accounting - conducted by a referee - to determine each individual's credit and liability toward the asset (the house). Normally, these items are agreed upon by the litigants.

Mike.

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Answered on 1/03/11, 5:24 am


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