QUESTION

My ex fiance and I bought a home together as joint tenants, put a down payment from our joint checking account, who gets the down payment after sale?

Asked on Jan 03rd, 2017 on Real Estate - California
More details to this question:
My ex fiance moved out of the house we purchased as joint tenants. We put 60k down from our joint checking account. I have been paying the mortgage by myself since we bought the place and she has hired an attorney for me to reimburse her the down payment of the house and we sell because she feels she contributed more on the down payment even though it was from our joint checking account. She wants me to sell. I have myself and my kids living here. We had plans to be a family. She just left to live with her parents. I do not have that luxury. I also can't buy her out. Do I have to sell? Does she get reimbursed the down payment she feels she made?
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2 ANSWERS

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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How much her share might be is a complicated question. It will require an inquiry into all your statements to each other and others about the ownership of the house, and a complete accounting of everything either of you spent on the house. Meanwhile, if she turns out to be entitled to a share of the value of the house, then that value keeps going up and up. The sooner you cash her out, the better. The solution is to refinance with some cash out to pay her off. And that's all she wants. She wants to be cashed out. Get her to tell you how much she wants. If the number is unreasonable, then try to negotiate her down. If the number is reasonable, but you can't afford to pay it all to her right now, offer her as much as you can right now and some amount per month until it's paid in full. But don't pay any of it until you have an agreement in writing, prepared and approved by an attorney.  As long as she is on the loan for this property, she might have difficulty buying another property. Many lenders will include the debt on this property in determining her net worth. With this loan plus the loan on a home she wants to buy, she might not have enough net worth to qualify for a home loan of her own.  Dana Sack  
Answered on Jan 08th, 2017 at 1:40 PM

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Probate Litigation Attorney serving Anaheim, CA
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This question can't really be properly answered in this type of forum, but the short answer is that by filing a lawsuit for partition she can force you to cell. In that process, you will receive credit for amounts paid toward the purchase of the home, improvements, etc.  I would be happy to discuss the process with you are what your options are. Given that you want to stay in the house, it would probably be wise to try and resolve the matter with her prior litigation. Jon
Answered on Jan 04th, 2017 at 5:07 PM

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