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Look at what Uncle Sam's left under the tax tree.(TAX UPDATE): An article from: New Hampshire Business Review [H] [T] [M]
Steve Feinberg (Digital) Business Publications, Inc. 2008-12-19
Release date: 2009-01-16
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Answers
Last year my boyfriend moved in with me (in New Hampshire), we were planning on getting married, so we signed a quick claim deed listing us as joint tenants with rights of survivorship. I wanted to be sure he could keep my house if something happened to me.
We are no longer getting married and he is moving out. I am wondering what right to my house he has. I am planning on selling.... I know I can't do that without his Signature. Is he entitled to half the equity in my home?
Please serious answers only. This is a very tough time for me and I don't need anybody telling what what I should have done differently. I need to know how to move forward.
Thank You
Guess what? You gave away 50% of the equity in your home.
You can't remove NOR sell without his signature.
Your only choice is to work it out with him or take him to court.
There is no option B.
So, when you sell your home, he is legallly entitled to 50% of the profit unless a judge rules differently. It doesn't matter who paid for it.
There are no laws to protect "almost marrieds"...a court will look at this no differently than a business arrangement.
PS: The only legal remedy that you MIGHT have is that a quit claim deed is not the proper legal instrument in order to add a name to title...a drafting of another General Warranty Deed is. A quit claim deed is the lowest form of ownership known to real estate law. You MIGHT get a judge to declare the quit claim null and void based on the fact you had the house prior to the relationship and never married, and you added him on the belief and condition that you would marry.
It's a long shot, but worth a try. Get a real estate attorney, not a general practice attorney.
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