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Junior Member
What is the name of your state? New York State.
I am no longer with my partner of the past 12 years. We were never married but lived together for 11 of those 12 years. We bought a house together back in 2000. Both our names are on the house deed as are on the mortgage. I moved out of the house in January of last year, 2004. He had promised to give me a sum of money to start over since I took nothing with me back two suitcases of clothes. I left behind all of our shared assets, including expensive furniture, furnishings, kitchenware, etc. We also have a time share in Orlando which is completely paid for; aside from a BMW.

It's been more than a year now and I've been fighting for him to get any sum of money. Shortly after I moved out, he changed his mind about the money and decided I don't "deserved" anything and even rubbed it in my face that "we were not married". He also claims he has nothing to give me, although a couple of months after I left, we had gone down to the bank to sign for a home equity loan - the sum of what he was supposed to give to me that I never received and fear never will.

I simply asked for a fraction of the value of the house. Now I want to take legal action. I'm not sure if I need a divorce lawyer (since we were not married) and I'm not certain if there is common law in New York State; or do I need to find a Real Estate Lawyer. A friend of a friend who is a Real Estate lawyer told me that there is NOTHING I can do except wait for him to want to sell since I cannot force him to sell or force him to pay me half of the house. Eventually, I will get half, but that could be many years down the road or never if he never wants to sell! Is this all true? Can I do anything? How can I get a judge to make him do a partition sale? And would that be benefiicial?

I'm sure it doesn't matter, but we were engaged for the last 7 years of the relationship...
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You need a family law attorney who is well-versed in real estate law.

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