Q: Does my boyfriend have a claim to a house deeded to me?

A: I am not fully understanding his theory that he would be entitled to anything from you. Was he paying the mortgage or something other than the $200 for expenses? I can’t imagine $200/month comes close to half the costs to operate a home. More details may be helpful or you could contact an attorney for a free consultation.

A: Based on your post he would not have an interest in the house, and not have a claim for $50,000. He would need to show the money he paid was a loan to you, and not a gift, or rent. The burden is on him.

A: I agree with attorney Nelson - absent a written agreement to the contrary, he has no rights or interest in the property if he is not on the deed. Based on what you've stated, his payment of $200 per month sounds like it would amount to less than rent would have been, so even if he were to sue you for "improvements" or "unjust enrichment," he would not likely recover anything.

The OTHER issue you may not have considered is that your boyfriend remains on the hook for your monthly payments. From his perspective (to play Devil's Advocate), you need to remember that (1) if you miss any mortgage payments, the bank can always turn to him because he's obligated to pay just as you are for the length of the loan (28 more years?); and (2) If he wants to buy a home (or even a car), he's got a mortgage on his credit report that will probably prevent him from doing so. Unless you are able and willing to refinance the house without him on the note, he has liability here, and there may be a value for him to accept that. Maybe $50,000 is a fair payoff? It's not for me to say. You and he need to figure this out, and you probably each need a lawyer to negotiate and draft a buyout/settlement that contemplates all these possibilities (I think it would b a conflict for one attorney to represent both of you). If you need to find someone, start your search here: https://www.justia.com/lawyers. Good luck!

A: Dear Home Owner:

Based on your statement your ex has no legal claim to joint ownership of your house. New York State relies upon a recorded deed as evidence of an interest in the title to ownership of real property.

It is fortunate for you that the ex voluntarily moved out.

Otherwise, even without any legal foundation to claim ownership or recoupment of money the eviction process would be long and frustrating, and at some point, as your legal fees pile up, you would jump to the conclusion that paying him off is the only method to get him out.