Legal Question in Family Law in California

What is ''fair'' in regards to our property?

my boyfriend and i bought a house two years ago. we used profits of the sale of his last house as our downpayment. i contributed in the form of work on the last house which was completely remodeled. i also did hours of research and found the new house. our verbal agreement was that he would pay the mortgage and i would pay the household exepenses: food, all bills. this also included all meal preparation and housework.

we are now separating. the house has appreciated since we bought it. how should we divide this profit?


Asked on 2/22/06, 10:22 pm

1 Answer from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

Re: What is ''fair'' in regards to our property?

I guess you have already figured out that a written agreement would have been better. I would urge you to think hard about what you understood your verbal agreement to be and write it down. Add any remarks that you remember that he said to jog his memory. Show him what you come up with and ask him whether this is what he remembers. It sounds as if the intent was that his downpayment was to be balanced by what he owed you for working on his previous house. The morgage payments were balance by you paying other expenses. That would mean the profit is split 50/50. Alternately, he may expect some reimbursement of his down payment before the split or some reimbursement for paying more than his fair share of the expenses from your share of the profits. I urge you to stay calm and be willing to compromise. Litigating this will be expensive and you may not get any more money while you could end up with less.

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Answered on 2/23/06, 8:10 pm


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