Can my ex-partner live-in sue me for half the cost of my house?

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Can my ex-partner live-in sue me for half the cost of my house?

I lived with my ex-partner for 15 years. We had 3 children together, but never married. The deed and mortgage were and are both in my name since his credit score was very low and he did not have a job. I obtained a restraining order 5 years ago and he has been gone ever since. I have always paid all the bills. He pays no child support and his financial contribution during our time together was minimal. I recently discovered that he is attempting to sue me for half of the house. Is there any chance he could win this?

Asked on June 29, 2011 under Real Estate Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Guidance in this matter is best given if one could read the paperwork involved.  By that I mean the summons and complaint that has been filed regarding the house.  Under what theory is he suing?  If you were never married then he can not sue you under the theory that it was marital property which generally states that property purchased during a marriage can be determined to be marital property regardless of how the property is titled i.e., who is on the deed.  I would strongly suggest that you seek help from ana ttorney in this matter and discuss not only the house but the issue of child support.  Even if he has no money to pay you need to establish an order of support and a right an entitlement of the children to receive i.  Should he come in to money at some point they are entitled to it.  Good luck. 


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