Legal Question in Real Estate Law in California

Split equity with partner?

I have a condominium that I share with my boyfriend of three years and our baby. I put the downpayment, I pay the mortgage. He pays the Homeowner's fee monthly and some other stuff. Will he ever have at any time or any circumstance a right to the property. When we fight and I ask for a separation he says he will sue me.


Asked on 7/23/00, 1:21 am

1 Answer from Attorneys

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

Re: Split equity with partner?

Unmarried persons do not get the automatic benefit (?) of the community property laws as do married couples. Therefore, ordinary principles of contract, real estate and property law apply to such relationships. If you are the person on title, courts will uphold your ownership unless there are facts clearly showing (usually a signed writing is required) a contract to transfer part or complete ownership. Without a contract or deed in his favor, you boyfriend would almost surely be unsuccessful in attacking your ownership position.

A written contract is not necessary, however, for most deals outside of real estate. A court might examine your relationship carefully to see whether anything in your 'arrangements' amounted to a contract (written, oral, or implied by your dealings with each other). Then, it might find one of you liable to the other. The chances of this are somewhat slim, but it could happen. Now, whether he would owe you or you would owe him would depend upon whether one or the other of you took gross and unfair advantage of the other, or otherwise violated the "contract." It looks to me, from the information you've provided, that the balance of equities is close, or perhaps in your favor, so I'm inclined to think of the threat to sue as mere posturing, but can't be sure, of course.

The fact that you have a child in common is a further complication. You are both responsible for the child's support.....and part of that is providing shelter. Discussion of child support is outside my specialization, however.

There are do-it-yourself law guides on living together arrangements and you might want to read one for some further background. Some libraries have them. See a lawyer at once if a lawsuit is ever actually filed against you.

A further precaution might be to check at the county recorder's office from time to time to see whether anything has been filed with respect to your property without your knowledge. Ask the clerk there how to find records for your condominium.

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Answered on 9/11/00, 10:39 pm


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