Joint tenants with right of survivorship

[Reydiaz99]

My ex girlfriend and I purchased a home in NJ seven years ago. When we purchased the home we were supposed to each provide 50% of the down payment and each pay 50% of the expenses. She could not come up with her full part so I provided 90% of the down payment. While we were living together she did not pay for her half of the expenses. (She paid about 15-20% of the expenses.)

She moved out 16 months ago and has not contributed toward the mortgage and taxes (she is liable for both). She has suing me for half of the property. Is she entitled to 50% of the equity even though she only has provided about 10% of the down payment and has not help to paid for 50% of the expenses? Can I sue her for half of the expenses? Can I force her to pay for the mortgage and taxes until this is settled.

 

[HomeGuru]

Your position is correct. Hire an attorney to enforce it.

 

[Reydiaz99]

Is she entitled to 50% of the equity even though she only has provided about 10% of the down payment and has not help to pay for 50% of the expenses?

Can I sue her for half of the expenses?

Can I force her to pay for the mortgage and taxes until this is settled.

 

[HomeGuru]

Is she entitled to 50% of the equity even though she only has provided about 10% of the down payment and has not help to pay for 50% of the expenses?
**my response: yes, she is legaly entitled to 50% as a joint tenant and co-owner albeit not equitable. You would need to negotiate or sue her for your claims of equity.
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Can I sue her for half of the expenses?

Can I force her to pay for the mortgage and taxes until this is settled.

Yes, you can sue to get reimbursed for her share of expenses as well as payment of all current monthly expenses including but not limited to mortgage payment, real property taxes, insurance, repair and maintenance etc. Although realistically, be prepared to pay for it all on your own until final resolution.