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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am living in Arizona in a house with my gf and son. I have

Customer Question

I am living in Arizona in a house with my gf and son. I have been paying the mortgage for the last 6 years and we are splitting up. The house is in her name and her parents names. We have been together total of 8 years. House has gained value by 100k. Am I entitled to any of the equity
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Are you on the title? If not, do you have any agreements with the owner that would entitle you to any equity in the home?

Customer: replied 1 year ago.
No to both
Customer: replied 1 year ago.
But I have proof that I have been living there and making the payments
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 1 year ago.
I have also been in the house since day 1
Expert:  Loren replied 1 year ago.

Unfortunately, merely making payments and living in a home do not entitle you to an ownership or equity interest. There would need to be an agreement between the parties that by making the payments and residing at the property you were acquiring some sort of interest in the property. Otherwise, you are no more entitled to equity than the owner could retroactively charge you for rent. In other words, it is something which would needed have to been agreed ahead of time.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Are you still online with me?

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?