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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My partner and I went to purchase a home together in Nov. 2004.

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My partner and I went to purchase a home together in Nov. 2004. The loan and title are in my name only. She put down $10,000.00 toward the purchase, installed a pool for $80K, and the mortgage have been paid with community money. We got our Domestic Partnership on December 5, 2005. Does she have any rights to the property? We do not have a written or verbal agreement regarding the house. As I stated previously we have filed for termination of our Domestic Partnership.

Thank you for your question and thank you most kindly for requesting me to assist you further.

To answer directly, unless there is something in writing, she has no rights to the property. Any money she put down could arguably be hers if it can be shown that it was a loan rather than a gift. As for the pool, that is considered a 'fixture', and any improvements of a permanent nature or any installation of a permanent fixture is owned by the owner of the property unless there is a contract stating otherwise. If there isn't, then there is no obligation to pay those funds back and there is absolutely no ownership interest--that is created by placing her on title, not in any other way.

Good luck.

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