Legal Question in Real Estate Law in New York
Co-owner of property
My fiancee and I purchased a house 6 months ago. Both our names are on the deed and the mortgage. We have ended our relationship and are selling the house. I put the down payment down ($38,000) on this house which came from the equity of my previous home which I was the only owner. Is my ex-fiancee entitled to any of the proceeds from the sale of the house? The home has not appreciated in this timeframe and I expect that I am not going to get a full return on my down payment.
1 Answer from Attorneys
Re: Co-owner of property
Although you were not married, you are defacto partners for this house purchased 6 months ago. In a partnership, the partner is entitled to return of capital contribution before division of profit. Therefore, the return of your 38G comes off the top.