Legal Question in Real Estate Law in California

Do I have options to keep my house?

Bought a condo with my ex. . He broke up with me shortly after I became 100% disabled & unemployable and forced to leave the military. We were together 7 yrs. Seperated now 1 yr, still both live in condo. Orig. he agreed to give me until dec. 2005(shortly before he will retire) to put in my name. Just found out he hired a lawyer (from a real esate agent) to expedite things. What can he do & what can I do? Do I have any rights? What is the quickest he could get me out of here if hes able? I am 32yrs old and can't work, also this place is close to my medical facility that I go to regularly. Does the fact that I am now disabled for the last few years give me any additional protection or options? There is roughly 100k in equity.

Thank You


Asked on 3/13/05, 3:20 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Do I have options to keep my house?

For starters, it makes quite a difference whether you are married or not, and your question is unclear on that. I assume not.

You don't say whether title is held in his name alone, or whether you are also shown as a co-owner, either as community property (if married) or as tenants in common, joint tenants, or ???

The next thing you don't mention is who has paid for what. Contribution to the down-payment is often a controlling fact in determining ownership and rights. You don't mention whether the two of you had any kind of contract or understanding as to ownership or rights.

Finally, although it's less important, you don't say which of you is liable on the mortgage.

A lawyer couldn't begin to advise you without the answers to these and perhaps other questions. You may want to re-ask, with more facts added.

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Answered on 3/13/05, 4:22 pm
Daniel Harrison Berger Harrison, APC

Re: Do I have options to keep my house?

You can seek partition by sale. Odds are that you can split the equity. When couples buy a home together, there is generally no accounting. Thus, if he paid a little more of the mortgage, that doesn't mean he has more of an ownership interest. We have several cases like this. We also take some of the cases on a contingency basis (you pay only out of the equity proceeds). Give us a call. The call if free.

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Answered on 3/13/05, 5:42 pm


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