Legal Question in Real Estate Law in New York

do i have to move out?
My ex-boyfriend and I bought a house together about 5 years ago. The house is deeded to both of us. My name was on the mortgage for 2 years. After that time, I had a stroke and was unemployed for a while when he decided to refinance the mortgage in his name. In November, 2003, we split up with him moving out of the house and in with another woman. He wants me to move out of the house and give him a quit claim deed. I do not want to move out of the house. We have a 3 year old in common. What are my options?

Asked on 3/05/04, 2:45 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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Re: do i have to move out?

Depends upon your ability to refinance yourself and buy him out. Presuming no written agreements between you on what happens if one moves out, or sharing of expenses, including a mortgage, you are at risk for a suit for partition. This allows him to have the property appraised and to force a sale or to purchase your interest. He could also sue you for contribution for all costs he incurred and your share of any mortgage. If you did not participate in the refinance, there may be claims you could assert. This sounds like a complicated matter, more facts are needed to provide a better answer. I suggest contacting a good, local real estate attorney to advise and assist you in the matter.

Answered on 3/06/04, 2:08 pm

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