Rights to Ownership - Unmarried with house?

In 2008 my fiance and I purchased a home. I'm a single mom of a great son and I want to remain in the home.

Since his credit was so poor the home is ONLY in my name. Both the mortgage and the deed. I can provide proof that the entire downpayment came out of my personal checking account with my funds.

Since then, his thoughts of marriage have changed.

I'd no longer want to continue in this relationship because of that but would like to prepare for any financial ramifications around the house.

The mortgage/taxes/insurance is paid out of my personal checking account.

Being he did help in the upkeep, sweat equity of the home is he entitled to anything? He also helped support via a joint checking account we have together to the upkeep. We live in NJ so there is no "common law" in place.

cjmessy

With everything in your name, and no actual marriage taking place, you are free to kick him to the curb...

Sweat equity, or any money he paid while living there could be easily summed up as rent. He would have had to pay anywhere else he was living.

noitall

I would assume that because everything is in your name and the mortgage is paid out of your account, he has no legal right to anything. Consider any money he did put towards the upkeep of the house as rent for the time he lived there.

precious007

I also live in New Jersey and the same exact thing happened to me. My X-fiance had horrible credit so the house was in my name. Even though he helped pay for things within the house you OWE him nothing. The only problem that I ran into was that he wouldn't leave my house. I had to go to court and get an eviction notice for him to leave. He is a primary residence even though you own the home 100%. So if it came to that point that is what you will have to do. If he leaves freely you do not owe him a dime.

Kaya M

There is no laws that states that you must pay him for the upkeep of a home unless he sues you. Go to the courts and see if you owe him anything for the up keeping. If you name is the only one on the mortgage and deed all by your bad self...smile. then the house is yours.

Sadey

First off...I think you are entitled to everything...but Morally and ethically put the shoe on the other foot

-If he was the only one on the deed and morgage but you put lots of work into the house-what would you feel entitled to?
-Also since you did buy the house emotionally together and the upkeep was together how much did he contribute?

If the answer is next to nothing...write him a small check to ease your guilt and say "BYE BYE"...

IF he contributed quite a bit-and he can prove it...then you may have a legal issue...The reason I say this is that just b/c there is no "common law" there may be a law out there -like in my state that has to do with domestication. For example after 3years of domestication together if one person is to pass away then the domestic partner inherits- the law also pertains to situations like this. Believe it or not I think many states started this after 9/11 because of all the fiance's and domestic partners that passed away...and being in NJ you may want to consult a lawyer just in case.

blueeyed grl

I am not sure on this but I would think that he got to stay for free under the pretense that there was going to be a future marriage. He changed that agreement so therefore I would think any money he put into the house would just be part of the agreement of a future together. He made an investment in a future which he broke off. I don't think he is entitled to anything but I could be wrong. Contact an attorney just to make sure.

Good Luck

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