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    Smile2's Avatar
    Smile2 Posts: 4, Reputation: 1
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    #1

    Sep 23, 2009, 05:13 PM
    Am I entitled to my fair share
    I have lived for many years in a emotionally abusive relationship... we own a home together and both our names are on the mortgage... if I leave am I still eligible to get my half of the money I have invested? he has always threatened I will get nothing if I go... but the emotional rollercoaster I am riding is totally tiring me out... what are my rights?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Sep 23, 2009, 07:06 PM

    Of course you are eligible to get your half of the house... its half yours. You say relationship... are you married?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Sep 23, 2009, 07:12 PM
    Quote Originally Posted by stevetcg View Post
    Of course you are eligible to get your half of the house... its half yours. You say relationship... are you married?

    - and I will ask what State? Also, who made the down payment? The proceeds may not be divided 50/50, which is something OP should know.

    Usual good, on target advice.
    Smile2's Avatar
    Smile2 Posts: 4, Reputation: 1
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    #4

    Sep 23, 2009, 07:14 PM

    Thanks so much for your inputt... no we have not gotten married... we purchased this home together and I am trying to do this decently but I am sure that is not going to happen... he threatens me with he will fight me till there is nothing left... etc etc... after being in this relationship for 12 years I have started to second guess myself... not know which direction to go... thanks again
    Smile2's Avatar
    Smile2 Posts: 4, Reputation: 1
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    #5

    Sep 23, 2009, 07:18 PM
    I live in Canada... and the down payment was equally contributed as well as the mortgage is split down the middle... everything is... heat hydro water etc etc...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 23, 2009, 07:21 PM

    I would consult with an Attorney - just to make sure the Deed is in both names (unless you already know that it is).

    Also - and this is not a subject for this board - but PLEASE do whatever it take to keep yourself safe.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Sep 23, 2009, 07:21 PM
    Hello S:

    If you were married, the divorce judge could order the house sold so everybody get's their share out... But, since you're not married, you're only a business partner in a house and there's no judge that's going to order the house sold. You WILL get your half of the equity, but only when the two of you agree to sell.

    excon
    Smile2's Avatar
    Smile2 Posts: 4, Reputation: 1
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    #8

    Sep 23, 2009, 07:27 PM

    I just want this to be a reasonable split... he can keep the house I just want my share... I was just afraid if I leave I am losing my right s to what is still part mine.. staying safe of course is my concern as well so I want to do this as friendly and decent as possible(if that is possible) control frieks don't like to lose the control.. if I was 20 I would say what the hell and walk but I am older now and have to think of my future and my money that I have invested.
    Thanks so much for all your input everyone...
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #9

    Sep 23, 2009, 10:45 PM

    As stated if the house is sold you will be entitled to your share of the money. However, if you just walk away and the house is not sold not only do you not get any money (you can't make him pay you to move out) but you will still owe the mortgage payments should he not pay them in full. You should really get with a local attorney and they will have more ideas for you.
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