Legal Question in Real Estate Law in New Jersey

I know, before anyone says anything, Im an idiot. That aside, I own a house with my ex boyfriend it is paid in full. It was a fixer upper house that only cost ten thousand. We cash advanced my credit card to pay that ten thousand in which that credit card is now several months behind in payments. My boyfriend, as well, as myself is on the title. He does not want to sell the home but I do not want to just sign it over to him either because I feel that would be dumb. I would want to sell the home.The home is in Shamokin, PA. I live in New Jersey. What are my rights here? thank you

Asked on 12/22/10, 4:46 pm

1 Answer from Attorneys

Miriam Jacobson Law Offices of Miriam N. Jacobson

You could ask him to buy your interest in the house if he wants to keep it.

Is anyone living there now? Who pays for the expenses of maintaining the property, paying the taxes, utilities, etc.? Do you have receipts for the amounts that were paid for the house, improvements, and for payment on the credit card debt?

If you and he can't negotiate a compromise, you may sue in court for a "partition" of the property. This usually results in a court order to sell the house and divide the net proceeds of sale between you, not necessarily 50/50, if you can show different amounts contributed to the purchase and improvement and upkeep on the house. Partitions usually eat up a good portion of the value of the house, so he may be more willing to talk rather than losing money on the partition law suit and sale.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/27/10, 5:02 pm

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