QUESTION
Can I enforce a Tenants in Common Agreement?
Asked on May 01st, 2017 on Breach of Contract - New York
More details to this question:
I have a signed Tenants and Common Agreement with by boyfriend for the home we live in which belonged to only him prior to me moving in. I also have cashed checks, receipts and copies of conversations we had regarding the house belonging to both of us. We have now broke up and he is telling me I have to move out and the house only belongs to him and he doesn't have to give me any money. Is there anything I can do?
2 ANSWERS
1 Award
You can sue for your interest. However, you have to move quick. Your unrecorded agreement means he can sell and the buyer can take free of any title you have. In connection with the suit, you need to file something called a Notice of Pendency to protect your interest. I totally disagree with Nevias. The written agreement is a writing that can give the interest.
Answered on May 07th, 2017 at 5:26 AM
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
In order for you to be a co-owner of a property, your name needs to be on the deed. Your signed agreement with your boyfriend is likely unenforceable. Be that as it may, if you invested a great deal of money in the house, you may have a "constructive trust", which gives you rights in the property. It's impossible to tell without reviewing your documentation.
Answered on May 02nd, 2017 at 10:04 PM