I am 27 years old and been with my girlfriend for 4 years…

Hello,

Thank you for the information and your questions. I cannot advise you what to do, since I am not your attorney and we are not forming an attorney-client relationship via this forum, and also because that is a personal/business decision which is beyond the scope of this forum as well. However, I can only tell you what the legal consequences of scenario you mentioned would be.

First, I'll start with your last question, which is what happens if you are co-owners and the property is sold at a $10000 profit. The proceeds of the sale would have a lien on them by the lender, therefore, they get their piece of the pie first. In your example, that would be the amount owned on the mortgage which you have as $350K. Then assuming there is any money left after closing costs, that equity or "profit" would be, from a legal perspective split evenly between the two of you.

In terms of your first issue, you are correct that if her name is ***** ***** title she could force a sale if you broke up if she thought there would be any equity from the sale and you weren't willing or able to pay her for her share of the equity (50% or less if she was willing to take it) without selling. You, in exchange for paying her off, would have her execute a quit claim deed transferring her ownership to you. Very simple to do. It is less likely that a forced sale will be pursued though if there really isn't any real equity in the home since you are the only one on the mortgage. In other words, most situations where couples break up who own a home that end up having a forced sale are ones where both people are on the mortgage and one is going to keep the house and the other, for good reason, doesn't want to continue to be tied to the mortgage.

Finally, although it is not unusual for one partner in a couple to invest more money up front in the home, it is a consideration when deciding on the homeownership titling. That though is personal and you and she will have to decide what works for you. It may or may not damage your relationship if you go into the ownership of this home wanting the title in your name only. That I can't say, but something to consider.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you