Brooklyn, NY asked in 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

Related Topics:
4 Lawyer Answers

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

Peter Klose
PREMIUM
Peter Klose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

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.