Legal Question in Family Law in California
Home Ownership
I have lived with a woman for eight years. We own a home that was purchased by us both. I provided a lesser amount of money for the downpayment than she did ($8k vs. $1.5k).
We are now splitting up.
Do I have a lesser right to a share of the proceeds of the sale of the house or any lesser right to live in the house...?
What are my rights relevant to ownership..?
Thank you.
2 Answers from Attorneys
Re: Home Ownership
The legal action that needs to be filed is and action for partition. If the two of you are still talking, you may wish to consider a mediator, it will be much less expensive than a full blown lawsuit and trial. Probably, each of you will get back your downpayment and the balance will be split "according to your interests" which leaves a great deal to be determined. Good Luck, Pat McCrary
Re: Home Ownership
California community property laws do not apply since you were not married. The interest of each party will be determined by the terms of the ageement under which the two of you purchased the real property.
Unless there is either a written agreement or the two of there is an agreement as to the terms of the agreemuent, the court will look to the manner in which title is held and the escrow documents. Your should consult an attorney regarding the facts of your case.
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