They were together for 5 years and rented for 4 she decided to buy a condo because the rent went up and it would cost the same each month. She used her $$ and credit and she is solely on the deed. He asked why in the beginning and she told him that since they are not married and it was her $ it is hers and he is to pay her rent....the mortgage was less than their apartment rent BTW saving him money. Now he is claiming they had an oral agreement even tho she made it clear in the beginning that he owns it with her even tho he gave her no $ to buy it, just rent money every month. He also helped her paint and stuff. The condo has actually depreciated with the soft real estate market and is worth less than when she bought it. She is afraid ...does he have any right to it?
2007-07-18 16:37:57 · 7 answers · asked by me 1 in Family & Relationships ➔ Marriage & Divorce
i made a typo she made it clear he does not own it but rents from her now he is trying to get part of it from her.... we are in NY.
2007-07-18 16:44:37 · update #1
definitely no equity since other condos in her building have been selling for less now. He is being a total jackass more worried about the stuff than the relationship. She wasted 5 years on him.
2007-07-18 16:47:56 · update #2
http://www.divorcesource.com/NY/ARTICLES/nowak3.html common law not recognized in NY even so they never considered or referred to themselves as husband and wife
2007-07-18 16:52:37 · update #3
It depends on whether or not the state they live in recognizes common law unions.
2007-07-18 16:41:28 · answer #1 · answered by la buena bruja 7 · 0⤊ 0⤋
No. She should get a lawyer (Real Property Law), legal-aid if she doesn't have much $.
She needs to tell her lawyer she bought a condo (paper in her names) and her b/f moved in and she charged him rent...but now they broke up and he is lying by saying they had an oral agreement so he can get $ out of her.
She can probably show she made the down payment or the rest of the payments for the condo. The paper is in her name and they weren't married. 5 years is too short for common law marriage anyways.
Usually a letter from her attorney to him might shut them up.
If this guy is a mooch, some character witnesses might help.
So what if he helped paint it?
He shouldn't have any right. Speak the truth loud and clear, don't waver, and try not to let this bother her. She should get a consultation (some are free) with a good lawyer that deals in real estate, ask around or look in the yellow pages, possibly online.
2007-07-18 17:01:56 · answer #2 · answered by Jack Bent 4 · 0⤊ 0⤋
The down payment came from her account. The deed is in her name. The mortgage is in her name. They are not married. He has no claim to the home.
Any monies he gave her were either under the heading of gift or rent. Any painting he did is considered a favor and does not give him rights to the home.
He isn't listed on any of the paperwork and there is no proof of any agreement, theres nothing he can do.
Also, don't worry about common law marriage. Most states no longer recognize common law marriages. The ones that do have a list of conditions that must be met such as sharing a last name, living together for a certain period of time ( usually around a decade) while being socially known as husband and wife...so, as long as they have done none of that, she's safe.
2007-07-18 16:49:32 · answer #3 · answered by Melanie J 5 · 0⤊ 0⤋
In my state if she is the only one on the deed then she would have to evict him out of the condo and if he is claiming he wants half, it's a civil matter that he would have to take her to court for. I live in Wisconsin. But the deed speaks the truth. More than likely, he's not getting anything.
2007-07-18 16:41:11 · answer #4 · answered by Truth Hurts 6 · 0⤊ 0⤋
I'm not a lawyer, but, because they wern't married and he isn't on the deed, I don't think he is entitled to "squat", he doesn't deserve anything, he is a total scumbag! In my state, you have to shack up with each other for 7 years for it to be a common law marriage, it might be different where they live. She might want to consult a good lawyer just in case.
2007-07-18 16:52:05 · answer #5 · answered by Flying Dragon 7 · 0⤊ 0⤋
could be considered a common law marriage... even at that..he might get 50% of the equity in the house... if there is equity... need to get an appraisal...
2007-07-18 16:43:12 · answer #6 · answered by stang4459 2 · 0⤊ 0⤋
no, he can't claim the condo. what a jerk he is. find a lawyer if he wants the condo.
2007-07-18 16:42:01 · answer #7 · answered by Discovery 5 · 0⤊ 0⤋