what are my rights ownng a house with domestic parter and his the primary in the morgage?.

yes thank u i need your help..i need to move out of the house my partner and i own reason why is because i cought him cheating and f…a woman in his car also i have it on tape i put a tape recorder in his car..since then his been verbally abusing me and wishing i drop dead..all of this is affecting my self esteam and my job im a dental hygienist and my depression shows re: the house his the primary in the morgage and both our name is on it would i loose if i moved out?

Asked on July 3, 2009 under Family Law, New Jersey


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't matter all that much whose name is first on the mortgage or the deed, if your name is on them, you are both a part owner of the property and you will continue to be liable for the mortgage loan even if you move out.

In some cases, verbal harassment can be enough to get a restraining order under the Prevention of Domestic Violence Act.  Where the facts justify it, a court can order the abusive member of a household to leave.

You also have the ability to sue for partition, which would force a sale of the home, so that you would not be open to liability on the mortgage if you moved out and your partner stopped paying.

I would strongly advise talking to an attorney about all of your rights, for reliable advice based on a detailed review of your case.

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