Am I entitled to my down payment on my house back?

Question

I purchased a house with my boyfriend at the time, I put down 60,000 on this house and he put down nothing. We have lived together for 6 years. I have been trying to sell this house for the last 10 months,my common-law spouse let 2 months ago.So I wondering if I'm entitled to my down payment back thanks

Answer 1

The first question that I have, when you put down the $60,000 for the house, did you put your name on the deed with him?

Please say that you did.

If not this will be much more difficult to resolve.

In any event I think that you should talk to an attorney who specializes in family law. Even though you were not married, you should have acquired rights similar to those of a spouse. I notice that you mention common law spouse. That tells me that you were living together as if you were married.

I would call the attorney today.

Answer 2

This is a complex question. It can vary by state. You said common-law. Are you sure about that fact? Do not assume anything. Common law is not as automatic as people assume. You brought the money to the relationship, but depending on the state, at some point it might become joint property or it may be yours. You may have to prove you provided the down payment.
You need to see an attorney, now. Is he on the mortgage and property deed? If so he will have to be at the closing or sign over power of attorney to you and relinquish any rights. That would be the best thing. If you are not on good terms, you might have to provide an incentive. If he is insiting on 1/2 of the total equity, then you might have to postpone selling the house until you get that resolved.
If there is a next time, see an attorney first.
You should have had a written agreement that you were entitled to your equity first or all the equity if you were making the payments when the house was sold.

Answer 3

i would think that you are entitled to a greater equity position than he has. its tricky now because you may not profit as much on the sale of the house. not sure if your area has appreciated or if you will be taking less money for the house due to the market conditions ? many people are in that shape that are selling now. it's lousy. but your common law spouse will probably get something ? maybe you get your 60K back and you split profit 50/50 ?

if the house is sold and there is not enough money for you to get your 60K then i say he gets nothing ?

i'm really not sure honestly where you stand from a legal perspective.

they may expect that your 60 K was both of your money and try to make you split all the profit with the spouse.

what does your spouse expect ? have you discussed it with them? it might be best to get them to agree to that with you / put it in writing . (and hope they don't run that by their lawyer ) lol.

good luck to you.

Answer 4

This is not a question that can be satisfactorily answered in this kind of forum. You must consult a lawyer in your area who knows both real estate and family law. There may or may not be "common law" marriage in your state and that might give rise to certain legal presumptions that will stand as true unless there is sufficient evidence to overcome it. That could work for or against you. The situation is complex and there is a lot of money at stake. Talking to an attorney will provide you with competent advice with the scope of confidential attorney-client communications. Things that you say in public about this situation, or to any non-professional could be discoverable and used as evidence. Proceed with care, but move ahead with getting a legal consultation. You could find yourself in a squeeze-play If you get into contract with a buyer and your ex wants to play hardball. Your county bar association can make a referral. Perhaps your state has official certification of experts. In that case you might want to get a certified family law specialist. Please get that appointment at least set up before the end of the week.

Answer 5

Entitlement is something that's probably going to end up being decided by the court if you guys cant' get it worked out. I do think, as a sidenote, that you ahve to live together for 8 years to be common law spouses, don't you? I don't think it matters in this case though. If both your names are on the title then I think when you sell it you probably split the money unless you sue him for the downpayment.
I'm just going on common sense here!

Answer 6

If his name is on the deed you must pay him half of anything you make from the sale of the house. There is a time period that if he does not claim his money it is yours to keep, but that varies for each state.

Answer 7

The #1 mistake people can make is buying real estate with a boyfriend or girlfriend. You made a stupid decision, now you'll pay the price!

Answer 8

i think you should get the money back but i have no idea what the legality of everything would entail - like if it is in writing somewhere and what the agreement was and all that...

Answer 9

entitled from who? your ex boy-friend? you bought the house you can sell the house. who do you think should give you your money back?