Legal Question in Real Estate Law in California

Re: Verbal contracts and home buying

Any contract affecting an interest in real estate is supposed to be in writing. However, as you might expect, the courts will try very hard to do justice, and peripheral documents such as the acknowledgement you refer to may be sufficient to establish the existence of a contract and maybe most of its terms. There are other theories an attorney could urge on your behalf at trial as well.

On the other hand, if you failed to make your 1/2 of the payments for nine months, I assume your ex must have made up the difference, or you'd be in foreclosure. Therefore, maybe in all fairness you're not entitled to a full 3/4.

In any case, there is probably enough at stake to warrant retaining an attorney. Are the two of you planning to sell now? Are the mortgage and taxes current? Who has possession? Is the place up for sale, and if it goes up for sale who will determine the broker, the selling price, and the division of the proceeds? I think you have a long tough row to hoe now.

I have experience and interest in co-owner problems and would be interested in taking this case if you are anywhere near. In any event, I'd be interested to hear how things progress and how this is ultimately resolved.