Owning a house while we are unmarried.

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Owning a house while we are unmarried.

Me and my fianc currently own a house. We are both on the mortgage as rights of survivorship and we are both on the house deed. We are more than likely going to go separate ways. I did not want to be on the mortgage in the beginning, but he convinced me since he was unable to qualify by himself. Now he seems to think since its his house since he says he is the owner and he wants me to move out stating I am just a co-owner and he put more money into the house. What are my rights? He did put most of the money into the house but I do contribute a smaller amount to the mortgage monthly and my family did give him about 9k in the beginning towards the house.

Asked on August 27, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are both on the deed, you are both owners: period. IF he did contribute more than you, that does not mean that he is sole owner; one owner contributing less does not lose her ownership or other rights. If the house were sold and the matter went to court about who should receive how much of the proceeds, it is likely that a court would give the person who provably contributed more a larger share of the proceeds; therefore, you may wish to try to negotiate a "buy out" on that basis, taking into account relative contributions. But as a basic position, you are an owner if you are on the deed, and therefore have right to live in, use, etc. the house, and to a fair share of the proceeds from any sale.


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