What are the rights regarding the division of real estate for a long term same-sex relationship?

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What are the rights regarding the division of real estate for a long term same-sex relationship?

I have been in a same-sex relationship for the past 16 years (2 males). We have owned several houses together over the years that we have bought and sold. We bought a house 2 years ago. Itwas only put in his name then because we were going to buy another property in my name. We recently sold that house and moved into an apartment temporarily until we can buy a new house. The profit from that sale went into my partner’s personal bank account. I never had a reason to worry before. I found out today, that he has been having a serious sexual affair. Looking back over all the “signs”, I can tell that this relationship is about to end. He is planning to “go his own separate way”. What are my options for claiming half of the profits from the sale of our home? We don’t currently own any other properties either at this time.

Asked on July 25, 2011 Georgia

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your situation.  I am sure that you know that your situation is not the best without written agreements between you in place.  Issues regarding real property generally have to be in writing or they violate what is known as the statute of frauds.  What I would suggest t=is that you seek consultation from a real estate attorney in your area.  I would try and start writing down all the transactions over the years and try and tract the funds in and out.  It is going to take a lot of work on your part but you are going to have to establish a partnership agreement of some sort between you for this as a "business" of buying and selling property rather than focusing on the property as the issue.  Other wise the state of frauds issue comes in to play again.  Good luck.


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