Legal Question in Real Estate Law in Virginia
Re-paying down payment to ex-boyfriend
I purchased a home several years
ago with my ex-boyfriend. Now that
we are no longer together he wants
me to re-pay 1/2 of the
downpayment (about $12K). At the
time we purchased the house, he
offered the downpayment hopefully
because he loved me but also
because he made significantly more
than I did. I did not sign anything
about re-paying him in the event we
broke up. We still own the house
together and have rented it out until
it makes more sense to sell it. My
plan was to take the $12K out of the
equity when/if the house sells. He is
threatening to sue me for the $12K
(which I do not have). Questions:
Does he have a case and am I
obligated to pay him eventhough we
still own the house together? Thank
you!
1 Answer from Attorneys
Re: Re-paying down payment to ex-boyfriend
The issue is whether you are liable for the 12K he paid �on your behalf� for your interest in the house. If the agreement was not in writing but only an oral agreement then it is not enforceable and he would not have any right to sue because of the Statute of Frauds. This is a requirement in the law that any contract regarding the purchase or sale of land must be in writing. If there was a written agreement that you were to pay him 12K, the terms of the contract would have to be scrutinized. There may be a lack of consideration (which means that if you promised to pay him 12K what did he promise to do for you in return?). A lack of consideration means a contract requiring you to pay the 12K back to him is no good.
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