Legal Question in Real Estate Law in New York

Separation and Real Estate

I have recently separated from my boyfriend of 11 years in which we have live together. Two years ago, we bought a house. He was a veteran so he got a VA loan. The house is in his name. I have paid half the mortgage for the past two years and have invested in improvements. Am I entitled to anything? We separated due to his mental and physical abuse to my son from a different marriage. I never called the police. My son has called the child abuse agency on me to get them in the house to see the abuse from my boyfriend. Nothing was founded. He was never home when they came to visit.


Asked on 1/28/04, 2:01 pm

3 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Separation and Real Estate

If you are not on the deed, there is, unfortunately, not much that you can do.

Good Luck

RRG

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Answered on 1/28/04, 2:47 pm
David Slater David P. Slater, Esq.

Re: Separation and Real Estate

You can claim a lien for the moneys expended. I suggest you seek counsel.

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Answered on 1/28/04, 3:41 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Separation and Real Estate

This is a tough question, particularly if you have nothing in writing between you and him on the splitting of living costs. If you are not named in the Deed nor have signed the mortgage so you have responsibility to pay it, you may have a claim for reimbursement. However, I would anticipate that your boyfriend would claim that you agreed to make these payments in lieu of rent that he could have charged you. You could sue, but I anticipate he would counterclaim and a trial would probably be necessary to resolve the issues. This might cost more than what you have paid between fees lost time, etc., with no guaranty of success.

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Answered on 1/30/04, 12:31 pm


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