House Ownership in both names but we are not married
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House Ownership in both names but we are not married
Hello, I am currently on the mortgage
and house deed to our house in FL. It
is label as joint owners with the rights
of survivorship. However, we have
recently broke up and he wants me out.
Am I entitle to half the house since I am
on both the mortgage and deed? He
says I am not since we are not married.
Any advice would help.
Asked on June 12, 2017 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Marriage (or not) is not the issue here: your ownership is. If you are a joint owner with your now-ex-boyfriend, then as one of two owners, you are entitied to half the equity or proceeds (after paying costs of sale and paying off any mortgage) of the house, were it to be sold. You could also force a sale, if you wanted to sell it and your ex-boyfriend does not, by bringing a legal action for "partition" and seeking a court order requiring the sale of the house (because the owners are at an impass as to what to do with it) and distribution of the proceeds. Such an action is fairly techical and complicated: if you want to pursue this option, you are strongly advised to retain an attorney to help you.
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