Legal Question in Real Estate Law in California

You should file a Partition action lawsuit. You can prove the agreement to share ownership and show what you put into it.

Non-marriage relationships are nearly always bad for the woman involved. We are always hearing from women who have been shacking up for 20 years and, guess what? No community property, no alimony. They get bupkis. Lesson learned: He's not that into you. And this isn't Iran: in the future don't let anybody else control your finances. If there is a paper trail of monies spent you could possibly sue for the money back. Don't move in with a man unless he ties the knot.

Although a partition action might be the right vehicle to get the property sold and the net proceeds (after paying the mortgage and other liens, commissions and expenses) divided fairly, you still need a viable legal or equitable theory as to why you should get some percentage of the net, if indeed there is any. A lot of properties bought in May 2010 are worth a little less than what you paid, so unless there was a significant down payment, maybe partition is not the best way to go. Also, you may not want to sell at this time.

I suggest as an alternative that you consider a suit to "quiet title." This asks a court to decide who should be on legal title. There is an equitable principle called a "purchase-money resulting trust" which holds that when X buys a house (or other real property) and goes on title, but Y in fact provided some or all of the purchase money (deposits, down payment, etc. but not the mortgage funds), Y is actually the beneficial owner of the property in proportion to his (or her) contribution to the purchase money, irrespective of how legal title is shown on the county recorder's records. In the quiet-title suit, you would assert your ownership interest under the resulting trust principle.

Let's say the house cost $300,000 (right for Concord???) and the two of you paid $30,000 down. If you can prove in court that you put up $15,000 of that from your own funds, the court should order the boyfriend to execute a deed to you, conveying a one-half interest to you. He would be deemed to hold your one-half as an involuntary trustee of a "resulting trust" and under a duty, as trustee, to convey to you, as beneficiary, upon your demand.

I have successfully handled several resulting trust cases, including winning one at the court of appeal, and would be willing to give you some additional analysis at no charge or obligation if you contact me directly (e-mail or FAX or phone) with some particulars.