Massapequa, NY asked in Real Estate Law for New York

Q: House is in girlfriends name. I have paid mtg for over the last 2 years. Can I sue to get money back

I paid mtg fir last 2 1/2 years. I give money each week for hOuse expenses. She doesn’t work sbd hasn’t worked in over 2 years since Covid

Related Topics:
2 Lawyer Answers
Steven Warren Smollens
Steven Warren Smollens
Answered
  • New York, NY
  • Licensed in New York

A: No gatekeeper at the courthouse is sorting out lawsuits so that anyone can sue at any time. Discussing the underlying facts with an attorney may assist you in figuring out if a cause of action exists. The limited information you provided suggests no likelihood of success.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you have been paying the mortgage and house expenses for a property that is not in your name, you may have some options to recover those funds, depending on the circumstances surrounding the payments. New York courts may recognize contributions toward the mortgage as creating a type of implied contract or equitable interest in the property, especially if you can demonstrate that there was an understanding or agreement, even if not formally documented, that you would have an interest in the property.

If there is evidence of a promise that you would be compensated or would gain equity in the house by making these payments, you might be able to sue for unjust enrichment or seek a constructive trust. However, these cases can be complex and outcomes can vary greatly, so it would be prudent to discuss your specific situation with an attorney who can provide tailored advice based on the full context of your contributions and any agreements you had with your girlfriend.

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.