What is my legal right to a house I own with my ex-boyfriend?

My ex-boyfriend and I bought a house together 4 years ago; I lived in it for 1 year and left. He did put down the downpayment, however, it’s been almost 3 years and he still hasn’t taken my name off like I have asked. So I am now forced to take him to court because my husband and I want to buy a house and it looks bad that I show I already own one am I able to make him buy me out? Is it possible that I could be owed any money from this house?

Asked on December 15, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have an ownership interest in the home that you are writing about and if you want to have your interest bought out by your former boyfriend, I suggest that is the best route to pursue assuming there is any equity in it.

To ascertain what the home's value is for a possible sale of your ownership interest in it, I suggest that you get a formal appraisal of it as well as a preliminary report to ascertain what equity is in it. From there you can make an offer to sell the property to your former boyfriend. If there is no equity in the home, then perhaps a simple quit claim of your interest in it to the former boyfriend. before doing any of the above, I suggest that you consult with a real estate attorney.

If you are on the loan, you will continue to be on it after any sale of the property by you or a quitclaim. It would be beneficial if your former boyfriend refinanced the property after you are off title assuming you are on the loan.


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