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Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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I bought a house my ex fiance in Dec 11. The Deed says 65%

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I bought a house my ex fiance in Dec 11. The Deed says 65% her 35% goes to me. SHe also put down the entire down payment. She now wants to split up and says I am not entitled to my 35%. The deed is filed with county clerks and it says 65/35 - What is legal standard here? The house was purchased for $885,000. Do I have a good case to claim the entire 35% There are no other written side agreements .
Hello and welcome,

On what basis does your ex wish to deny you the 35% interest in the property?
Customer: replied 4 years ago.
Because I put down nothing.I spent 2 and half years fixing up her old house which she sold for a profit and put procedes of that sale into new house with me on deed.she thinks the extenuating circumstances are that I get nothing from sale of house. It has gone up in value. She wants her entire down payment first then I get 35% which may be little or nothing . Basically Just because I put down nothing(i supported her and her children for 2 years) she thinks I am owed nothing. But I claim deed says 35% my 35% on deed was to account for labor and money spent on other house. Just because she has decided to split up with me doesn't mean that she gets to dictate the terms of the sale of the house. Deed says 35% and I want 35%
I see.

Where the title specifically sets out a percentage of ownership by the parties, a court would typically enforce the interests set out in the deed.

While she could argue that you did not contribute to the property, your argument would normally be that any imbalance in the contribution to the property represented a gift to you and that intent is indicated by the deed itself.

She would typically need to allege fraud or other wrongdoing by you for a court to refuse to enforce the written agreement.

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