Legal Question in Real Estate Law in California

Re: Paying Back an ex-Boyfriend for a Home Purchased together

First, if the property is in Virginia, the laws of that state would apply, and you'll need answers from Virginia lawyers - in which case you'll need to re-ask your question and specify VA law.

Here's what the analysis would be if the property were in California - Virginia law is likely to be similar, but differences are possible!

Property ownership can be so-called "legal title," which corresponds to what it says on the deed recorded at the county recorder's office, or it can be determined in whole or in part by what is called "equitable title" or sometimes "beneficial ownership," in which factors a court will recognize and honor (upon suit) will require the legal title to be changed by court decree in someone's favor.

Your facts are a little incomplete, but my guess is that the two of you are 50-50 owners on the recorded deed, either as tenants in common or as joint tenants, and your ex-boyfriend paid more than half the down-payment, maybe 100%.

Under a principle called "purchase-money resulting trust," his equitable or beneficial ownership would be the same as his percentage contribution to the down-payment, despite what's shown on the deed, unless you can show that he intended to make you a gift of your interest in the house, or the portion of your interest apparently bought with his excess contribution to down-payment.

Whether you can establish a gift will be a question of fact. A gift would be presumed in a parent-child co-acquisition, but in most states even a husband-and-wife co-acquisition would not give rise to a presumption of a gift where there is a discrepancy between down-payment and legal title percentages. Lacking the legal presumption of a gift, you would have to produce evidence such as letters, maybe something written on a loan application or the purchase contract, etc. In any event, Virginia law would have to be researched.

If there is no resulting trust, in an action to partition the property, either co-owner who has made "excess contributions" to necessary expenses like mortgage payments, taxes, insurance and necessary repairs is entitled to reimbursement. This formula often produces very different results than does an adjustment of equity ownership under a resulting trust.