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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2438
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I lived together for 15 years with a woman whe have 2 sons

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I lived together for 15 years with a woman whe have 2 sons together we never married, now we are separated . I'm from Europe she from brazil . About 5 years ago she brought a property ( peace of land ) in Brazil, she payd a total of $10.000 in one year , $750 a month. Today this property as a value of $70.000 . Can I get the half of the value of this property, the property is only in her name, when she was doing the monthly payments I was paying the bills and food in the house. ???

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

Depending on what state you are in, you may be entitled either to an interest in the property or reimbursement for money paid toward the property. However, no state court in the United States can order a Brazilian government authority to place the property in your name. Therefore, you could only have a right to the value of the property, not the property itself.

Steven Kincaid :

The exact interest you could claim in the value of the property depends on many factors including:

Steven Kincaid :

  1. What state is your divorce in?
    2. What was the source of the money she used to pay for the Brazilian property?

    I just noticed that you said that you never married. My first reading of your question made me believe you were married. Since you never married, your rights to the value of the property will only exist if your state recognizes common law marriage or a similar legal recognition of your relationship. This is not the case in most states.

Steven Kincaid :

Did the two of you have any verbal or written agreement with respect to finances?

Customer: Whe never married. And I live in NY state and whe never have a written agreement for finances but whe have one verbal agreement over the property. And the source of the money is from her work. I only fine out she did the
Customer: i only fine out she make the agreement to by 2 months after when she need money to send over there to continue to make the payments monthly, because she lost on of her jobs.
Steven Kincaid :

In New York, there is no common law marriage and the only rights you could assert in court would be rights under a contract you entered into with the other party. What were your agreements with respect to the property?

Customer: After I notice what she was doing. I talk to her and in that time, she talk to me saying that the property was for bout of us. Only in words ,nothing writhing in any paper.
Steven Kincaid :

Well, I think you are unlikely to get anything from the property. Because the land is in Brazil, the New York court cannot touch it - they can only give you money. But since you have nothing in writing and she put the property in her name alone, she has a good argument that it is just hers.

Steven Kincaid :

You could certainly sue her for breach of contract, but that would be costly and probably would not work.

Customer: I don't want the property can I get the alf of the property in money? What is the chance for me in court to to get this money? From 1 to 100. Heaven if the value of the 1/2 it's capable to me pay the process in court and lawyers. I only what justice to be done.
Steven Kincaid :

That depends on the terms of your verbal agreement. To just say, "she told me the property was for both of us," may not be enough to get you any rights to the property. Contract law is very complex. I can't give you a number, but I would say your chances are very, very low of succeeding. You would want to contact a civil attorney. They would charge you by the hour and it would be very expensive. And you probably would not get anything back at all.

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