Legal Question in Real Estate Law in New Jersey

I live in NJ. I co-own a home with an ex-girlfriend who lives in the home. The ex-girlfriend is delinquent on the mortgage and most bills. I do not have keys and the household won't let me have the keys. My belongings are still in the house and I have had my police dept come with me to the home 3 times to get my belongings. What can I do?

Asked on 1/01/11, 9:48 am

2 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. Much of your rights will be determined by the exact legal interests you refer to as "co-own." I'd also be interested in discussing the failure of the police intervention. I suggest that you contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

With best wishes,

Barry F. Gartenberg, Esq.

Please visit my website!

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Answered on 1/06/11, 9:57 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Barry that most of your rights have to do with what you mean by "co-own"? Is your name actually on the Deed and, if there is one, on the Mortgage also? You probably need Court intervention to order that she grant you access and let you remove your property.Also, as a "co-owner" you should have keys and this could be covered by the Court Order also. Finally, if there is a mortgage and you are a co-borrower, you also have rights that need to be protected and obligations that need to be addressed. You should contact a good real estate attorney who also does litigation, to assist you. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 1/07/11, 7:34 am

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