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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am on a deed with another person who I am not married to.

Customer Question

I am on a deed with another person who I am not married to. I put in all of the money to buy the house. The verbal agreement was that the other party would live there while fixing it up and we would split the proceeds after expenses. Nothing was written down. Say I have put in $80,000 and she has put in $20,000. Say it has a market value of $150,000.
Now she is asserting half ownership. She does not want to leave.
1. I can prove my expenses to the penny. Can that be used to establish a percentage of ownership, or are we legally equal owners?
2. Since she is living there rent free at this point, what can I do to either get payment or force a sale?
3. Does it matter who pays the taxes?
4. If there is an insurance claim, does just the policy holder get paid, or is it distributed somehow among the property owners?
2. [technicality alert] She signed with her maiden name, not her legal name at the time. Is that significant?
Submitted: 7 months ago.
Category: Legal
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..1. I can prove my expenses to the penny. Can that be used to establish a percentage of ownership, or are we legally equal owners?.Generally any agreement regarding real estate has to be in writing to be enforceable under a legal doctrine called the "Statute of Frauds" but there are exceptions if both parties proceed under the agreement and both parties perform under it..So if you can prove what you put into the home, if you sued her for breach of an oral contract, then a judge could enforce the contract as agreed and order that the house be sold and you each be reimbursed for your provable investments and then the surplus divided..2. Since she is living there rent free at this point, what can I do to either get payment or force a sale?.You would have to hire an attorney and sue her for breach of contract..3. Does it matter who pays the taxes?.No..4. If there is an insurance claim, does just the policy holder get paid, or is it distributed somehow among the property owners?.Policy holder gets paid as the listed property owner according to the deed. The insurer just pays the insured, they don't get involved with any ownership disputes...2. [technicality alert] She signed with her maiden name, not her legal name at the time. Is that significant? .No...thanksBarrister

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