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California Lawyer
California Lawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 971
Experience:  Licensed to practice law in California
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My boyfriend and I bought a house 4 years ago, rented for 1

Customer Question

My boyfriend and I bought a house 4 years ago, rented for 1 yr. I'm tried of the abuse. 5 yrs total. I want have of the house when it sells, even though he says I only paid the water bill. I want to move out Sunday and I want to stop paying the water bill. What do you suggest????!!!! Elva N
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  California Lawyer replied 4 months ago.

Hello,

When you say "we" bought the house, who put up the down payment, and who made the payments?

DCG

Customer: replied 4 months ago.
I put 18,000 and he put 20,000 Plus Paid Escrow.
Customer: replied 4 months ago.
He paid everything I paid the water maintain the inside of house and I help out side. I also, help rebuild a Manufactured home. From the bottom to the top. We took it apart and only the 2 by 4 that's how we start everything new. If it wasn't for me he won't have done anything. He wanted to toss it.
Customer: replied 4 months ago.
He made the payments!
Expert:  California Lawyer replied 4 months ago.

Hello,

How is title held? Is your name on the deed?

DCG

Customer: replied 4 months ago.
The title I under both him and mine. The loan is under his name only. Is That okay to move out.?????? I don't want to damage or stopping him from giving me the money!???????
Expert:  California Lawyer replied 4 months ago.

Hello,

The short answer is that you can move out without damaging your ownership share. The harder part will be determining ownership shares. If both your names are ***** ***** title, co-ownership (50/50) would likely be presumed, but if you did not contribute anything toward the down payment, did not pay the mortgage and only paid the water bill (something you presumably used while you were there) it may be difficult to show a significant ownership share. I would suggest that, after you move out, you contact this person and try to discuss and arrive at a reasonable buy-out of your share (interest) in the property. You two will be best suited to do that. Its possible to try and force it through the courts, but that might end up costing more that you get.

I hope this helps.

DCG

Customer: replied 4 months ago.
Maybe you missed the answer. I paid 18000 towards the deposit.
Customer: replied 4 months ago.
You haven't answered my question!!!!???
Expert:  California Lawyer replied 4 months ago.

Oops, sorry, missed that. My bad.

You are entitled to your deposit toward the principal ($18K) plus a pro-rata share of the increase in value (if any) since you bought the place. You do not forfeit this by moving out. He will probably have to refinance it to pay you this, or in what the courts call an "action in partition" you can force the sale of the house to get your monies. If he can buy you out, or refinance and buy you out, that would be better. The court process will cost quite a bit.

Hope this helps (this time)!!

DCG

Customer: replied 4 months ago.
Thank you!!!! For your advice!! It's Awesome!!! Have a wonderful day!!!
Expert:  California Lawyer replied 4 months ago.

Best of luck to you. Take care of yourself.

DCG

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