Legal Question in Real Estate Law in New York

Re: our house in his name

If you gave him the money without any condition or agreement that you would get anything in return, then it was a gift. As unmarried partners, you have no financial obligations or interests in one another's property except as you may have agreed upon. If he is the sole owner of the house, he can execute a new deed to convey an interest in it to you. You should consult an attorney to discuss exactly what each of you want to accomplish and to make sure that any deed or other instruments are properly drafted, executed and recorded, if applicable.

Re: our house in his name

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can ask him to execute a new deed transfering ownership to the two of you. Should he refuse, and should you wish to pursue a legal remedy, and provided that your financial assistance was not an outright gift, you could sue to impose a constructive trust on the property for your share. This would include filing a notice of pendency, which would inform any prosective buyer that legal action was pending which might affest title.

A new deed could be prepared for less than $250.

Re: our house in his name

I agree with Arnold and Seth, that as an unmarried person you have no legal rights, although there may be a possibility your child has, if he has acknowledged parenthood. I strongly recommend your name be added to the Deed, and preparing a new Deed, to add your name, and recording it is not very costly. I also agree with them that if you have nothing in writing, signed by him, stating that your contributions are not gifts, your payments may be considered gifts or the equivalent of rent (neither giving you any ownership rights, legally or equitably). This is a response to an Internet question and the reply is not to be considered legal advice and/or as creating an attorney-client relationship.