Legal Question in Real Estate Law in California

2 peoples name on a deed but only one paid-splitting up

I live in California and have been in a relationship with a woman for 15yrs. We�re �tenants in common� on the deed to the house. She talked me into allowing her to take a second mortgage out for $100,000 to try to save her failing travel agency, promising to make the payment herself. I agreed. She made 2 payments then stopped. I was then forced to make both mortgage payments myself or go into default. She kicked me out of the house and I stopped making payments. The house is in foreclosure and we are selling it. She wants � the monies even though I made ALL payments for both mortgages for the past 4 yrs. She is claiming that both of us used the money from the second mortgage even though it went into her business account and I never saw a dime of it. She also borrowed 15K from her mother and has submitted that into escrow, expecting me to pay for half of that loan! I worked 80hr. weeks in order to pay the bills while she sat at home ruining her internet travel business. She does not deserve a dime from this house and I would like to know how to stop her from getting what she does not deserve. What can I do?


Asked on 10/16/04, 4:10 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: 2 peoples name on a deed but only one paid-splitting up

She is responsible for one-half of the balance of the mortgage and one-half of the past mortgage payments that you made. After that, she is entitled to one-half of the equity.

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Answered on 10/18/04, 12:25 pm


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