Legal Question in Real Estate Law in California

My fiancee and I purchased a house as joint tenants. He made the downpayment, then moved in. Shortly thereafter, he broke the engagement. Now he is suing me for partition but also for his living expenses for two years. How do I fight this ? I can't afford an attorney and legal aid won't help me. I am disabled. What's really weird is I was the one looking for this house.. We weren't engaged then. I looked for a year. I feel cheated. But now I have to fight this. I have no money except for my own house.


Asked on 2/03/10, 4:08 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You have to overcome your emotional reactions and look at the situation in a more realistic fashion. While you may have found the house, he was the one who made the down payment. Any payments made suring the time you have owned the house went to interest and not principal. You have no money but on sale of the house you will get half of its value. He in the one who has paid for the house but you get the benefit [assuming it is still worth more than the loan] of 50% of what it is worth. If he refused to make the mortgage payments you could not make them and the house would be lost to foreclosure.

I do not understand how he is claiming that you should pay for his living expenses, unless he means your half of the mortgage and other expenses of the house, which is reasonable to demand if you also lived there. Contact him or his attorney, point out the partition action will cost him perhaps more than $10,000, and offer to settle by agreeing to split the proceeds of the sale.

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Answered on 2/08/10, 6:49 am


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