It is not uncommon for an unmarried couple to reside together in a residence, but where the title on the deed is in only one name. Because the couple is not married, the domestic relations laws in this state cannot be used to protect either partner. What happens, then, should the couple split, leaving the residence in the name of only one? Does the “ousted” partner have any recourse to claim an interest in the real estate? This is a common occurrence and can create a significant issue. It may be that both partners put money into the house (by way of a down payment or other improvements). The couple may have comingled their incomes and made mortgage payments from joint accounts. So, although one individual may have put 50% of the funds into the house, if that person’s name is not on the deed, is there an interest? The answer, like with so many questions involving the law and fact intensive issues, is “it depends.” However, New Hampshire does have a partition statute that would allow an individual in this case to recover an interest in the property. Regardless of the manner in which the title is set up (in one person’s name or both), each party may in fact have an interest in the real estate. It will be necessary to demonstrate to the court in any partition claim the amount each put into the home financially and otherwise. In other words, the court may even consider the “sweat equity” involved in fixing up the house if it contributed to an increase in value. Ultimately, with a partition action, the court has several options. Once it determines that both parties actually do have some interest in the house, it must determine what percentage each owns. Thereafter, the court may order one to buy out the interest of the other, or it could even force the sale of the house and require the proceeds to be divided accordingly. Both the probate division and our superior courts have jurisdiction over partition claims.
