If my girlfriend and I bought a house last year but have since broken up, do I have to pay her portion of the down payment back?

She used her savings 7K and I also put down $2500. Our names are on the loan and deed. I paid the mortgage and other bills, I moved out for 7 months and continued to pay the mortgage while she lived there and looked for a roommate. That never transpired and I have since moved back in with my new girlfriend. I agreed to pay her parents back 6 grand for fixing the well, which happened while I was not living in the house. I also agreed to give her $1700 from my taxes, she wants me to refinance the house to get her off the deed and then pay her $7000 for the down payment.

Asked on June 1, 2012 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you have to pay your former girlfriend a portion of the down payment for the house that you bought depends upon what your agreement with it was to be.

The best way to resolve the situation concerning the house is to consult with a real estate attorney as how to resolve title and the loan pertaining to your former girlfriend's interest in the property. In essence, removing her ownership interest in the property and obligation under the loan for all intents and purposes is similar to a buy out of a partner in a business venture which the property you have written about essentially is.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.