Legal Question in Real Estate Law in California
My question is, I was involved with my girl friend for three years when we decided to purchase a home together. I received some inheritance and put down $91 k on the property to secure the loan. Three years has past and we are no longer together as of 8 months ago. I moved out and she has stayed in the home. My questions is; can I file a lien against the property for the monies I provided as a down, $91k? If so how would I go about doing that?
6 Answers from Attorneys
You need to go see an attorney in person. Depending upon what understanding was, what proof you have and how the title is held, it could be considered that you gave her a gift and if property is owned jointly, then it would be half and half. It is extremely difficult to give advise without the benefit of complete info. Good luck.
Not enough information, but in general you would need to get a lawyer and file a lawsuit. You're not still on the utility bills, are you? Does she pay rent?
She will argue it was a gift. You need to have an attorney review your documentation, and figure out your rights before you do anything.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
Are you on the deed? If you are then you may file for a partition action which would either force sale or have her agree to pay you back. If you are not on the deed, then you would need to sue her for return of the money on a contract theory -perhaps recission of contract or a dissolution of partnership. Contact me directly.
Liens are what you can have once you get a judgment in a lawsuit. Hire an attorney to help you.
Based on today's real estate market, a property that you purchased 3 years ago may have already lost all of the equity ($91k) that was put into it. This is why you should put co-owner agreements in writing before you make the purchase.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
