Legal Question in Real Estate Law in New York

unmarried/co,owenership of home

6 months ago i bought a home with my fiance. the loan was in his name only, but the deed was put in my name and his because i would be paying half of everything. what happens if our relationship doesnt work out? what if it isnt a friendly breakup? because the loan is in his name only he says he can throw me out is this true?/

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Asked on 10/29/05, 7:40 pm

3 Answers from Attorneys

Steven Czik CZIK LAW PLLC

Re: unmarried/co,owenership of home

The answer to your question in short is "no" he can't simply throw you out because of the facts you described, there are a number of options you have including a cohabitation agreement as well as possibly several others, this area of law does happen to be one of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 10/31/05, 11:28 am
Allen Kaplun Law Office of Allen Kaplun, P.C.

Re: unmarried/co,owenership of home

Being that you're unmarried and probably do not have anything in writing that would manifest your intention as to the property, I would advise that you enter into a cohabitation agreement with your fiance that would clarify exactly what you want in the event of a break up.

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Answered on 10/30/05, 9:03 am
Seth Kaufman Kaufman PLLC

Re: unmarried/co,owenership of home

A cohabitation agreement, as suggested by Mr. Kaplun, is a good idea. However, it is important that you are a record owner and an occupant of the property. If a problem arises, you may end up in "L&T" (Civil) Court trying to evict one another, or you may end up in Supreme Court seeking partition/sale, for example.

You need to consult an attorney to review in detail and to figure out the best way to address your situation. Feel free to call our office to schedule an appointment.

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Answered on 10/30/05, 10:55 am


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