Q: Does a party in a long term unmarried relationship with their name on a mortgage but not the deed have property rights?
Two parties in roughly 9+ year cohabitant unmarried relationship with child. Home was purchased while together using credit of both parties (both listed on the mortgage), but only one party was named on the deed. Both have contributed to the mortgage and up keep of the home. They are ending the relationship and the home is being sold. Does the party not named on the deed have any rights to the profit made from the sale of the home? Money was provided to the party on the deed for paying the mortgage, with few (if any) direct mortgage payments made by the party not on the deed.
A: The Court generally looks to who is listed on the title of the deed to determine ownership of the home.
That being said, it is possible to receive compensation when the parties have an agreement and one party would be unjustly unriched by the Court not following the agreement and awarding one party some type of compensation when one of the parties does not follow the terms of the agreement. There are also sometimes other ways to seek compensation when unmarried parties are splitting up depending on the facts of the case. You may expect that the homeowner will argue that contributions towards the costs of the home where a share of the rents or other living expenses. These cases can be complicated and the results vary depending a lot on the overall facts of the case and the judge assigned to the case.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.