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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
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I have been living with my boyfriend for more than 2yrs now,

Resolved Question:

I have been living with my boyfriend for more than 2yrs now, we bought a house together, joint mortgage, but he hasn't been paying his half of mortgage for a year, I also pay all utilities etc. Our relationship doesn't look like it's going to work out and i'm thinking of ending our relationship. I also took a loan out for him to help his business. My questions is if we separate, does he have any claim to my income, similar to alimony? Can he claim half of the house even though he hasn't contributed his share? Thank you
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.

DearCustomer- There can be no claim for anything similar to alimony however if his name is XXXXX XXXXX house deed or title he has a one half interest in the property regardless of who made the payments. You can sue him for contribution of his half of the mortgage payments but you cannot force his name off of the title unless you file a partition suit.

 

The mortgage company will not release him until the mortgage is either paid or refinanced. As for the loan for the business you can also sue him for that loan. There is no protection for either of you under the domestic relations laws so this is strictly based on a contractual relationship between two unrelated parties.

 

Dave Kennett

Customer: replied 4 years ago.
What is a partition suit? Are you also saying he has no claim on any of the assets i own prior to and after we were living together, would the circumstances change if we were living together for longer period? We live in New Jersey. Thanks again.
Expert:  Dave Kennett replied 4 years ago.

He has no claim to anything of yours. If his name is XXXXX XXXXX deed he owns half the house but not to other property. A partition suit is a suit to force the sale of real estate. At some point one or the other of you will want out of the mortgage and the house will have to be sold or refinanced. Unless you both agree to sell then one will have to file a partition suit and the court will order the property sold.

 

Since NJ does not recognize common law marriage then it doesn't matter how long you were together. There is no legal relationship involved so each of you owns your own property.

 

Dave

Customer: replied 4 years ago.
Thank you so much for your advice. I feel so much better now.
Expert:  Dave Kennett replied 4 years ago.
No problem and thanks for using our service - Dave
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
Dave Kennett and 2 other Family Law Specialists are ready to help you

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