Legal Question in Real Estate Law in California

Re: rights to home equity after being removed from deed

You didn't say whether you actually deeded over your potential interest or not, but I'll assume you didn't.

When two (or more) persons (not married to each other) buy property together, they are cotenants, either as joint tenants or, more frequently, as tenants in common.

If they are joint tenants, they share legal ownership equally. Among tenants in common, legal ownership can be other than equal (but usually is equal).

Legal ownership is what's reflected on the recorded deeds down at the county recorder's office. In addition to and often trumping "legal title" is so-called equitable title. This arises from the fact that filed records don't always fairly reflect who ought to be considered the owner, or the proper shares each co-owner is entitled to.

Your legal ownership is probably 50-50 with your ex-girlfriend (again, assuming you didn't deed away your interest).

Unfortunately for you, there is a principle called "purchase money resulting trust" which says that when someone has acquired a legal interest in property with someone else's money (and they're talking down payment money, not loan payments), equitable title follows the down payment and the legal owner who didn't contribute is assumed to hold title in trust for the person whose money was used.

Hence, your ex could assert 100% equitable title if the matter went to court.

It is possible to refute the presumption of a purchase-money trust by showing that the parties intended your interest to be a gift to you, or that there is a contract between you calling for a different result. When the relationship is, say, father-son, the courts can readily find that a gift was intended. When the relationship is boyfriend-girfriend, finding an intention to make a gift is more difficult, and usually requires some kind of written evidence of intent to make a gift (letters, a contract, etc.)

If a court holds that your ex owned a 100% equitable interest at time of purchase because she paid the entire down-payment and didn't make a gift, the fact that you thereafter paid half of the mortgage would (probably) be considered rent.

Somewhere in the process of buying the house and applying for the loan, there may be some written material that could tend to prove either a gift or the existence of a contract regarding co-ownership. Therefore, I would advise you not to give up until a real estate lawyer has examined all aspects of your situation. However, on the surface I think your ex has a fairly strong case that you have no interest in the house.

Re: rights to home equity after being removed from deed

Should have right to equity minus her down payment and for the time you were in the home and making payments. Call to discuss

Re: rights to home equity after being removed from deed

And I will bet you dollars to donuts that nothing is in writing. I've been practicing real estate law for 30 years and we have a term for you, we the real estate lawyers of America, you're a schmuck!!!!!! As you can tell Ito pulled punches. Based upon what you told me I cannot give you any realistic, commonsense, real advice. First of all if she fights yo to make claims against you u it will be a she said she said situation that will be up to the person in the black robes to decide, or in the jury box, are you really sure you wanna go forward Martha??? Yes, generally speaking you haven't equitable right in the property. While she can take your name off the deed the lender will not under any circumstances give up its right to make any claims against you if it has any. Basically unless the property goes down a value you're not personally responsible for the loan. But, your credit if she doesn't pay in the property goes in foreclosure (highly unlikely) will suffer greatly four years to come. What is the effective you're telling her take my name off of title? God only knows and she is not telling us. So, my real advice get to real attorney. Set up a game plan, protect your ass, your rights, your money but more importantly learned from this situation and don't write the Internet for solution to a major problem.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.