Bloomfield, NJ asked in Real Estate Law for New York

Q: I own a home with my daughter’s mother. We are both on the deed and on the mortgage. We split up about 2 years ago, I

Was forced to leave the residence she has paid the mortgage ever since. I have put close to 100,000 into the home, including the down payment. My question is can she sue me and take sole possession of the home?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • New York, NY
  • Licensed in New York

A: When co-owners cannot resolve a dispute regarding the proper division of their interests in real property, either party can commence a partition case in court and seek an accounting. If the parties cannot negotiate a buyout agreement, ultimately the court can order the sale of the property and decide the proper allocation of the proceeds from the sale.

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