Legal Question in Real Estate Law in California

Re: 30% undivided interest

Given your facts, the short answer is yes.

A partition action is the only way for one co-tenant to force the other co-tenant(s) to sell the property and divide the proceeds between the parties in proportion to their interests. Because she holds a 30% interest, she may be entitled to whatever sums she has contributed, together with 30% of the equity. If she didn't contribute anything toward the purchase, why does she have an undivided 30% interest in the property?

If you are served with a summons and complaint, you should immediately seek the assistance of an attorney who's practice emphasizes real property litigation. After being served, you MUST respond to the complaint within 30 days or your girlfriend will be able to obtain a default judgment,and you will lose significant legal rights.

Re: 30% undivided interest

You are in a partnership with your Ex-Girlfriend and she has a right to sever that partnership by dissolution (which means sale of the property and division of the proceeds). Although she likely has a 30% interest as a tenant in common, you also have a right to contribution from her for payment of the mortgage, taxes, etc. If you do not want to have the property sold, you will need to buy her out. You may want to have a lawyer negotiate the settlement and draft the necessary documents. It shouldn't cost much. Our office is currently handling a few matters like this and would be happy to help you out. Please call us (the call is free).

Re: 30% undivided interest

If she is on title with a 30% interest, no matter what the reason, she can request partition and sale of the property. If she has not paid anything for the past 3 years, there may be an offset that she will need to pay for mortgage, taxes, insurance, repairs, etc.

These are the kind of cases that require cooler heads, before 2 attorneys make a lot of money from both of you.

This assumes that you have no written partnership or shared owneership agreement.

Re: 30% undivided interest

The first thing you need to do is stop reading these dancers and hire yourself a good litigation/a real property attorney. In all probability you have no written agreement. First mistake. He didn't hire an attorney to advise both of you applicable to the purchase of property and what would happen if you "split up", second mistake. And now you are relying on the Internet, third mistake strikeout. You connect the dots. It is a your statement that she paid rent on the property was he lived there. Let me become clairvoyant ants tell you that she said no she was keeping on her and up the bargain up by paying towards the mortgage on the property in which she had an interest. Yet she can, yet she can, yes she can --- so now you understand that you have to hire an attorney. And you must do so immediately so you better understand what you're legal rights and liabilities are applicable to the property . Hopefully the attorney can not only help advice you let me, if you have the right finances, work out a settlement with her if she is agreeable.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: 30% undivided interest

The starting point in your case should be to determine whether the ex-girlfriend is indeed entitled to a 20% or 30% interest in this real property. Just because a deed recites a 30% interest doesn't mean, properly defended, you can't show a lesser interest, or none at all.

If you made the entire down-payment, and there are no facts suggesting that you intended a gift, and no contract between you implying a different outcome was intended, you are very likely the 100% equitable owner of the property, regardless of what's shown on the recorded title. This is due to a legal theory called "purchase-money resulting trust." The concept is that if X puts up the money, but Y got title, Y hold title as an involuntary trustee for X, and must convey to X upon demand.

You don't say whether the partition suit has been filed and served, or merely threatened. If served, of course, you need to start defending right away. You should also counter-claim for quiet title of a 100% interest in yourself. As an alternative, you could initiate a quiet-title action to get her off title.

I can't guarantee an outcome, but I think you have at least a fair chance to show full ownership; if not, you should come out pretty well in a partition suit after adjustments for reimbursements, etc. due you.

Being a co-borrower on the mortgage is not very significant legally, especially if she's not made any of the payments.

In any event, don't let her con you into giving up a substantial chunk of equity or buying her out for a steep sum.

I could handle this case for you effectively. Contact me if you'd like to discuss it further.