Re: Who owns the property? - Landlord Forum thread 334033

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

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.

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Re: Who owns the property? by Bob Barker (NJ) on April 23, 2015 @14:23	[ Reply ]

You make some good points. What I do know and have documented is the home was bought by and is deeded to my brother/estate. I also know and have a copy of his will that does not leave any personal property or the home to his now ex GF. I also have documentation that there was no commingling of finances and only my brothers name is on the utilities and mortgage. The house was paid for with an insurance claim judgement only in his name and there is a paper trail for that too. From what I read recently, as of a 2010 change to the laws in NJ, palimony is only enforceable for written support agreements. Oral agreements will be extremely difficult to prove since one party has passed. She can claim anything, proving it is another case entirely. I have been around them long enough to see what has and hasn't happened. I think a paid attorney consult may be in the near future. Meanwhile title to the property will be changed in accordance with the will.

Re: Who owns the property? by Bob Barker (NJ) on April 23, 2015 @14:39	[ Reply ]

Woot woot! Just found some case law negating the palimony claim. In order for a palimony claim, the agreement of support must be in writing unless a claim action was initiated in a court prior to 2010. Since the relationship/support (if any) ended upon his death (2015), any claim is obviously post-2010 statute changes and must be in writing. This question was addressed by the Superior Court of New Jersey, Appellate Division in the recent case Maeker v. Ross, which was argued by Snyder & Sarno partner Angelo Sarno and attorneys Jill D. Turkish and Ashley R. Vallillo. The parties in Maeker had been dating since 1998 and terminated their relationship in 2011. For the duration of the relationship, the plaintiff did not work outside of the home and was financially supported by the defendant, who had promised to support her financially for the rest of her life. The defendant had also appointed the plaintiff as his attorney-in-fact in his power of attorney and devised his entire residual estate to the plaintiff in his will. The court held that the plaintiff’s cause of action arose not when the contract was made, but when the promise of support was broken in 2011. Therefore, the statute applied to this case.

Re: Who owns the property? by Jackie (NJ) on April 23, 2015 @16:40	[ Reply ]

Do a little more research and you will find that Judges still let a Palimony claim move forward in court as that is their prerogative to do so. The case you cited is just one with certain circumstances, you will find many that the courts have allowed to proceed with out regard to the 2010 tighten of the law. Actually quite a lot of them.