Legal Question in Real Estate Law in Virginia
Equity dispute with ex-girlfriend
I bought a home with my girlfriend (at the time) almost six years ago. I am recently married and she has been married for three years. We lived in the home in the home together for one year. I still live in the home. After we split up she wanted to move out and wanted nothing to do with the house. Her exact words were ''consider what I put in for the last year as rent''. At the time the house also would have taking a $10,000 loss. I put down roughly 90% of the down payment and closing costs. We each paid half of the mortgage for that year. I have kept up the payments and put extra to the principle of the last four and a half years. After years of being a patient and trying to have her sign a Quit Claim Deed, which she had originally agreed on, she now wants half of the equity in the house in TODAYS market. She has not made a payment in almost five years or contributed to upkeep, repairs, or improvements. She has now filed for partition of the house. Please tell me there is no way this is possible and that she is not entitled to half the equity in my home.
1 Answer from Attorneys
Re: Equity dispute with ex-girlfriend
I would agree that, given the facts you've provided, that your ex-girlfriend is not entitled
to half of the current equity in your home. However, as a co-owner of the property, she's most probably entitled to something which will be decided by the Circuit Court hearing her suit to partition, which is why you should have counsel representing you to ensure that whatever she does get is minimal.
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