Buffalo, NY asked in Real Estate Law for New York

Q: Bought house w/ bf Only I’m on deed. His down payment was bonafide gift. Venmos me his 1/2 mortgage.Can I kick him out

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2 Lawyer Answers
Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

A: Maybe. Have a free consultation with counsel.


Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Licensed in New York

A: Your question is unclear and we would need more information to provide a proper answer. You said you bought the house with him, but his downpayment was a "gift." Why would he make a gift of the downpayment if you were buying a house together? You also said he sent you his "1/2 mortgage." What does that mean? He's making payments? Even though he's not on the deed, is on the note as a co-signer? The answers to these questions will dictate whether and to what extent he has rights in the property, but until you sort that out, you should know that you cannot legally kick anyone out of their home without a court order. This means that even if you find you do have the right to make him leave, you will need to evict him. You should retain a local attorney to help you figure out your rights and obligations - and to guide you accordingly. Start your search here: https://www.justia.com/lawyers

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