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Good afternoon. It's not going to be quite so easy for your partner to disengage. Even though you may not be on the deed and even though you may not have a written contract regarding the ownership of the house, this can be overcome this by filing suit based on an implied contract. The lack of a written contract can be overcome based on the concept of promissory estoppel, detrimental reliance, and unjust enrichment
. You relied upon the verbal agreement, performed based on such reliance, and because she defaulted, such reliance is now to your detriment. Because: i) you have partial performance based upon your mutual promises to each other, ii) you relied upon such promises to perform, iii) his failure to pay you would be to your detriment, and iv) result in him being unjustly enriched, it overcomes the legal requirement that the agreement be in writing. You are going to be able to easily prove all these elements and show there was an implied agreement based upon the fact that you were both on the mortgage and you paid your share of the mortgage. If she is not willing to voluntarily resolve this by dividing ownership of the property, then file suit against her based on the foregoing to have the court apply the law.
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