Brooklyn, NY asked in Divorce, Family Law and Real Estate Law for New York

Q: what is the course of action for unmarried couple that brought house and now split and cant agree on what to do with hom

she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed

6 Lawyer Answers
Anthony M. Avery
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Answered

A: Hire a NY attorney for file suit for a Sale For Partition.

A: The simple answer is try to negotiate a solution. If not, you'll have to litigate. I recommend you retain a neutral mediator.

Jack

David P. Badanes
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Answered

A: If both your names are on the deed and either party wants to sell the home, then that person has to start a special court action called a Partition. In a Partition, the Court will decide if the house has to be sold and how much each party is entitled to.

Peter Klose
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A: If you cannot agree, you will need to hire an attorney to commence a Partition Action. It's like a foreclosure by the individual owners. Often these things get resolved after you file, but you should get all of your financial records together to substantiate your contributions and capital improvements.

Sorry you are going through that.

A: Short of an agreement, the only option is a partition case in Supreme Court. There, the property will be sold like a foreclosure, and any fight over contributions to the property will be fought over after the sale and before distribution before a court appointed Referee.

A: Dear Brooklyn Property Owner:

Because you and your co-owner seem willing to make a deal but cannot agree on 50/50 and do not know how to do so, I suggest you engage a local mediation law office to assist in reaching terms.

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