Legal Question in Real Estate Law in Arizona
I placed my girfriend (at the time) on the deed (but not the mortgage) to my house.During the time we lived together (7yrs) no improvements had been made to the house. She moved out in January 2008. She has not contributed any monies tward the house in any way since the time she moved out. Since that time I have replaced the A/C unit, the roof, remodled the kitchen, both bathrooms and put in new carpet. I am getting ready to sell the house and because of all the improvements that I paid for myself, I dont feel that she is entitled to any of the equity. Am I correct or will I have to take her to court?
1 Answer from Attorneys
When you deeded an interest to her, you made a gift of that interest. In order to sell the property, you will need her to sign the deed conveying the ownership to the buyer. You can get reimbursement for the improvements made to the house off the top, but she still has an interest in the net proceeds of the sale, how much will be a negotiation. Your paying for everything, without an agreement between the two of you, will cause her to claim that you made a gift of everything. There are counter arguments, however, resolution will require you to take action now and deal with her claim.
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