Legal Question in Real Estate Law in California

Re: Am I entitled to half equity/ value of home?

If bought together, paying for home together and down together, half should belong to each re equity.. If not, need more info.

Re: Am I entitled to half equity/ value of home?

Absent a written agreement to the contrary, real property bought jointly tends to be owned in proportion to the source of the down payment. An exception is where intention to make a gift can be shown.

So, if you contributed equally to the down payment, more likely than not a court would find you to be equal owners, and if you put up 100% of the down payment, there is a strong argument that you are the sole owner notwithstanding what may be written on the deed.

Making mortgage payments, paying property taxes, improving the property, etc. ordinarily do not affect ownership, but in unusual situations they could. More likely they at most give rise to a claim for reimbursement.

Re: Am I entitled to half equity/ value of home?

The presumption is that you both own 50% of the property. Of course this can be overcome with evidence--i.e, written agreements, proof of who made the payments, etc. There could be claims of reimbursement,etc. Usually, however, it is easiest for the parties to split the property 50/50, unless they really want to spend a lot in attorney fees fighting over who would be eintitled to what. You would commence a partition action in which the court would order the property to be bought out or sold. In my opinion it is better to act now instead of waiting. You never know which way property values are going to go. They could go down.