After seperation, how much equity of the home is a domestic partner entitled to?

Get Legal Help Today

 Secured with SHA-256 Encryption

After seperation, how much equity of the home is a domestic partner entitled to?

My boyfriend and I are in a domestic partnership. We purchased the house with my credit and name on title 5 years ago. We’ll have the house appraised and then split the equity after refinancing. How much of that is he entitled to? We each put down $3000 for down-payment. Paid the monthly mortgage and utilities at 50/50. Most upgrade cost we split evenly however my family (dad especially) has put a lot of time and some money into fixing up the place. With consideration of possible market downturn how much should he get of the current equity?

Asked on November 18, 2011 under Family Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

I am so sorry that your relationship has not worked out for you and your boyfriend.  As I am sure that you know, Colorado does not recognize a domestic partnership in the same way that it recognizes traditional marriages.  That really means that upon termination of the domestic partnership your rights under the law to distribution of the property that you acquired during the partnership is not the same as a married couple under the law.  So I am assuming here that you have no prior agreement (which is always allowed under the law and should be considered the next tie you enter in to a relationship).  How do you hold the house?  As joint tenants? So each of you has equal rights to the property under the law?  The you will each have equal rights to the equity.  Now, unless you agreed to pay your family for the work done at the house or to reimburse them for the money expended I think that it may be considered a gift.  You can, of course, agree to reimburse the even now but it is unclear that that will hold up in court.  Good luck.  


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption