Manchester, NH asked in Real Estate Law for New Hampshire

Q: Can i get 50% of home equity if my gf refused to put my name on the deed/ mortgage after repeatedly asking.

Bought the house 8 years ago together (2015). We were told to keep my name off of deed so we could use it on a new house and get all the first time homebuyer credits. Fast forward (2019) i asked to put my name on deed she said she would and never did no matter how many times i asked. Feb 2023 she abandoned the home and moved back to WI. Has started a new life. I have asked about the house even paid to have a deed drafted and sent it to her and she refuses to sign it. I have been paying full mortgage, since Sept 1 and have been taking care of the home since she left in Feb. I have asked repeatedly to put my name on the deed so that i could buy her out and she refuses. What legal action do i have. I have her verbally telling me, family and friends i deserve 50% of the home. I want to keep the house and buy her out w/ the equity i have put in the home for the last 8 years but she said i only deserve 35% because she paid more monthly than i did (per an agreement we had) We live in NH.

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Anthony M. Avery
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Answered

A: Your only hope is to sue her for a constructive/resulting trust, and partition sale thereafter. Hire a competent NH attorney as it will be difficult. A notice lis pendens will need to be filed at suit initiation.

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