Legal Question in Real Estate Law in California

Re: Who gets the house

If you are both on title, unless he agrees to deed his interest over to you, he can claim a one-half interest--it does not matter that he put zero down and did not make the payments! Depending upon how you took title (i.e., joint tenants, tenants in common, etc.) arguably you might be able to get a determination that you are entitled to more than one-half in court, but that would require that you bring a lawsuit against him for a partition of real property. NEVER, NEVER put someone else's name on property unless you want them to have an ownership interest in that property, because that is the assumption the law will make.

Re: Who gets the house

In my humble opinion, the two previous answers are dead wrong.

If you put up 100% of the down payment, you are 100% equitable owner of the property under the principle of "purchase money resulting trust" regardless of how title is held. Title shows "legal ownership," which is inferior to the "equitable ownership" which can be shown if there is a resulting trust. The conclusion could be different if there were a contract between you or if he could prove that you meant to make him a gift of a 1/2 interest in the property.

Your question is unclear to the extent that I cannot tell what you mean by "my name is first on title" -- do you mean both names appear, with yours the first mentioned, or that yours is the ONLY name? This is important in that the recorded deed indicates legal title, and it is much easier to establish ownership based upon equitable title if you also clearly have legal title. However, having both names on title (as joint tenents or as tenants in common) is NOT fatal to your case for 100% ownership.

Being a co-borrower has little, if anything, to do with co-ownership. Many loans have guarantors or co-signers who have no ownership interest.

However, this does not mean a court straightening out your affairs after a break-up would give you everything and him nothing. The court could award him any difference in his favor on net balance of his contributions to mortgage payments (including future obligations) plus any "sweat equity" and other inputs from him, net of fair rental value for his living in your house. It can get fairly complicated.

There is much more to be said, but too little space to expound. The bottom line is we should look at all the facts before you concede a half interest in the real property. Your position may be much better.

Re: Who gets the house

If you had been married then by law you would have been entitled to reimbursement of your separate down payment. Further family law would clearly set forth your rights and obligations in this matter.

Re: Who gets the house

Unless you have a written agreement to the contrary, he is entitled to 1/2 the house. You may be able to recover half of the principle that you paid, including the down payment, but probably not the interest, especially if you took the deduction.

Being first on title or second on title, or being a borrower or co-borrower in immaterial. It is what is on the title that counts.