Anaheim, CA asked in Divorce, Real Estate Law, Domestic Violence and Libel & Slander for New Jersey

Q: In New Jersey, if a two people buy a house together, how is the ownership divided if contributions were not equal?

In this scenario, the people in question got divorced before the house was purchased, however they lied on their bank application when getting the loan, and said they were still married.

Now the ex wife who has contributed only a portion of the initial downpayment and no mortgage payments since, is refusing to leave the premises (there was no tenancy agreement) and thinks she deserves half of the house proceeds if sold, and is making threats about the custody of the children (she is unemployed and makes almost no house contributions at all, and has been living rent free, with her car and phone and food paid for for over 2 years, and her ex husband wants it all to end asap. He wants her out of the house and removed from the title. She physically attacked him recently and illegally locked him out of the house.

He was granted a temporary restraining order the next day that recently expired.

I appreciate any help you can give.

1 Lawyer Answer

A: Since you were not married when you purchased the property, you are tenants in common. If the deed does not mention the specific ownership interest of each party, you each have a 50% interest in the property.

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