How to prove that a downpament was not a gift?

My ex-girlfriend and I bought a house together and lived there for over a year. We split everything 50/50, however, my name is not on title. I have asked for the monies given to her for the down payment. She refuses, claiming it was a gift, not a loan. Am I legally entitled to the money?

Asked on May 20, 2012 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is my concern.  When you bought the house did the lender ask for any letter from you saying that the funds were a gift and that she did not have to repay them?  Many times that is what is required when parties borrow money because the lender will not lend if there are too many loans to pay back.  If you did not write such a letter then it is your word against hers.  Did you also split the mortgage payment too?  Could she say it was rent?  Gather all your receipt for payments and if you have an witnesses them too. Good luck.  

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