Can my ex-boyfriend legally take our home?

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Can my ex-boyfriend legally take our home?

I recently broke up with my boyfriend of 10 years. We bought a home together in April of 2017. I’ve since left the residence and been gone for 5-6 months but not retrieved some of my belongings. I only took what I could carry. He still resides there but recently mentioned that he spoke to a local magistrate and the magistrate told him since I’ve abandoned my home for 5-6 months, the home is now considered his. Is this true? He wants to re-finance the home for what we currently owe on it, 106k. Our home tax value as of today is about 135k. He

says there won’t be any positive equity to give me so I can start over.

Asked on September 30, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

This is not even close to true. Ownership of a home or any real estate does NOT depend upon personal occupancy--many people own property which they don't live in. If you are on the title, you are an owner of the home, and you don't lose that by moving out. Your ex is either misinformed or lying to you. Retain an attorney to force the sale of the home (by filing what is called an action "for partition") and get get any equity to which you are entitled--or to help you negotiate a situation in which he will buy out your interest.


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