Who owns the property? - Landlord Forum thread 334010

Who owns the property? by CCRider (CA) on April 23, 2015 @02:56

Whomever owns the property, if it's not the GF, can kick her out.

If you are the legal owner, then I'd serve her the proper eviction papers. Then, expect her to get legal counsel.

But, I think you're going to need a lawyer for this one.

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Re: Who owns the property? by MrDan (Georgia) on April 23, 2015 @09:49	[ Reply ]

Very bad advice! This is not a landlord tenant situation. In New Jersey, Palimony claims can be brought against the estate of a deceased person, where the long-time partner asks for financial support after the death of the other partner. Courts have stated that unmarried partners engaged in a “joint venture,” they may also be able to pursue a claim for “partition” (a request that a court divide property).

Re: Who owns the property? by Bob Barker (NJ) on April 23, 2015 @10:12	[ Reply ]

The GF did not financially contribute to the mortgage or utilities. In fact, she refused to marry my brother out of fear that she would lose her state and social security disability benefits. We don't have a problem splitting the furnishings and basically take whatever possessions she feels she needs. We just need to evict her in order to sell the property to settle the estate. Its a sensitive issue, but we are not responsibility for her disability or employment- lack of situation. We will serve her notice first and see if see moves voluntarily.

Re: Who owns the property? by Brenda on April 23, 2015 @10:31	[ Reply ]

on the other hand you might find yourself fighting a very expensive lawsuit for using an unlawful means to remove someone from a property they might have rights to under the law. Without proper legal advise, you might open a Pandora Box you will regret. Your actions are ill advised as this is not a landlord tenant problem, but property rights under NJ law. You need a lawyer who is familiar with such situations, nor a landlord tenant lawyer who lacks skillful knowledge of the the law. In the end you may end up with nothing but legal bills if you proceed blindly believing this is a simple case of eviction!

Re: Who owns the property? by Benny on April 23, 2015 @11:35	[ Reply ]

The GF did not financially contribute to the mortgage or utilities; just where do you think her money went to? How do you know she didn't? You seem to be assuming alot of facts that might not be true. The girl friend just might be entitled to half of the home or proceeds if the home is sold. You are operating blindly and without proper legal guidance the way you are going. Paying or not paying bills or mortgage does not affect the laws of palimony in NJ.

Re: Who owns the property?