Can my ex-boyfriend legally take our home if moved out?
Question Details: I recently broke up with my boyfriend of 10 years. We bought a home together 2 1/2 years ago. I've since left the residence and been gone for 5-6 months but not retrieved some of my belongings. I only took what I could carry. He still resides there but recently mentioned that he spoke to a local magistrate and the magistrate told him that since I've abandoned my home for 5-6 months, the home is now considered his. Is this true? He wants to re-finance the home for what we currently owe on it, 106k. Our home tax value as of today is about 135k. He says there won't be any positive equity to give me so I can start over.
This is not even close to true. Ownership of a home or any real estate does NOT depend upon personal occupancy--many people own property which they don't live in. If you are on the title, you are an owner of the home, and you don't lose that by moving out. Your ex is either misinformed or lying to you. Retain an attorney to force the sale of the home (by filing what is called an action "for partition") and get get any equity to which you are entitled--or to help you negotiate a situation in which he will buy out your interest.