Legal Question in Real Estate Law in New York

Joint tenants-not married

My fiance and I purchased a property 6 years ago as joint tenants. He provided the majority of the down payment and was the only one to sign on the mtg. We are now splitting up. What share do I have in the property? He also took out an equity loan that I did not sign on and did not use the proceeds from. I have been contributing equally to all bills and mortgage payments.

Also, I have a home tht I owned prior to meeting him. We have shared the upkeep but he is not on the deed or mortgage and has not paid the mortgage. Can he bill me for anything he has spent on the home?


Asked on 8/03/05, 11:32 am

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

Re: Joint tenants-not married

I assume both names are on the deed. Therefore, you divide the property as partners. Debt and liens are paid first. Capital contribution (down payment) is then distributed. Finally, capital gain is equally divided.

Your ex does not have any claims to the home owned in your name alone.

Mike.

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Answered on 8/03/05, 11:53 am


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