Legal Question in Family Law in Washington

Washington State Partnership laws

I have now seperated from my fiance of 6 yrs. The new home was put into his name since he is military and got a VA loan with lower interest rate. My name was not put on the house but with plans of getting married, it would be soon. So I thought. Since we were not married through our 4 yrs at that house this seperation now leads me to believe that since I was paying half of the mortgage, I would be eligible for half of the equity in the house at this time. Both of our credit was pulled when we bought, and we were considered dual income to qualify for this house which at the time was $235K. I wrote a check as a down payment, (some proceeds from my old house I sold to move to this house.) He agrees that something is due me, but what is fair? I am proposing a promissory note due in 1 year, with a lien on the house, so that if he sells prior to one yr, I am paid.


Asked on 8/09/08, 7:29 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Washington State Partnership laws

What is fair depends on how much you each contributed to the property, so consider how much you each contributed to the downpayment-closing costs, how much each paid in house payments. The process you describe, promissory note and lien is a normal mechanism for effecting a division of property. You would either have to agree on a dollar amount for the promissory note-lien, you may have to have an appraisal done and look at what costs you would deduct out (e.g. fees and costs of sale) to calculate the equity in the house.

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Answered on 8/10/08, 1:32 am


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