Gruber v. Rixford, N.J.Super.A.D., 2007 (unpublished opinion).
A same sex couple purchased a townhouse together, in which title was held solely in defendant's name as was the mortgage on the property. The plaintiff expended approximately $55,000 toward the purchase of the townhouse.
After the parties broke up, the plaintiff alleged that the townhouse was a joint asset, subject to equitable distribution, giving him a 50% interest. In support of plaintiff's position, he alleged the parties had a verbal agreement that his name would be placed on the deed.
The defendant offered to pay plaintiff $93,000 as his share of the home and testified that plaintiff accepted this pay-off. Plaintiff acknowledged that the conversation took place but denied that he accepted the offer.
The trial court granted defendant's motion for summary judgment.
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