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
Morris Leo Greb
Morris Leo Greb
  • Rockaway, NJ
  • Licensed in New Jersey

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.

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.