House Ownership in both names but we are not married

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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