Legal Question in Real Estate Law in California

With respect to your former boyfriend's bankruptcy in 2009, it is likely too late to do anything to overcome his discharge of obligations which he might owe to you. I assume he filed Chapter 7 bankruptcy and listed you as a creditor. In doing so, he sought to eliminate all debts and/or obligations possibly owed to you at the time he filed. When you received the notice from the bankruptcy court, it stated that there was a deadline - 90 days after his Meeting of Creditors - by which you had to either file a complaint to avoid discharge of the debts and/or obligations he owed to you, or you lose all rights to attempt to collect them. From your post, it's clear that you did not take the appropriate actions in time, and you may now no longer seek from him damages for any claim which existed prior-to his bankruptcy filing.

The next point is the house. If you are on title jointly to the home with him, then you have equal rights to share in the income produced by the property, and equal rights to sell the property. You may have to force a sale by filing a lawsuit to "partition" the property, but it may be the only way to recover any equity in the home which belongs to you. Additionally, you may be able to recover your share of rents which were paid AFTER he filed bankruptcy. Any claims you may have against him which arose after the filing of the bankruptcy ARE NOT discharged, and you may continue to pursue those claims. Either way - you're likely going to have to sue him to regain any rights with respect to the property. As far as the debts incurred to get into the property and repair it, you've likely lost the right to recover those amounts from him, but may be able to make a claim in a partition action against his 1/2 of the property based on your unequal contributions. You need to hire a real estate litigation attorney immediately to go over in more detail your situation, and help you plot a course to mitigate your losses. This is not a case you'll be able to resolve without legal representation - it is far too complex.

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A couple of additional pieces of information would be very helpful: (1) How was the down-payment on the rental property made; i.e., can you establish that you paid half or more? Also, (2) how is title to the rental held? Are you on title? The answers to these questions may show that you have a powerful legal tool potentially available. I encourage you to send me full particulars privately, or phone me. [email protected] (707) 878-2230