Camo re coop my money on a downpayment of a house if my name is not on the deed.

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Camo re coop my money on a downpayment of a house if my name is not on the deed.

My fianc and I bought a house together
almost 6 years ago. I put 7,000 towards
the down payment. My name is not on the
deed. Only his. He is threatening to sell the
home. My question is, leagally can I recoup
my 7,000 downpayment? Also I do have
proof of the money being transferred from
my account to his.

Asked on March 14, 2019 under Real Estate Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, since your name is not on the deed you are not an owner, so you are not legally entitled to any proceeds from the sale of the house. The law will view the $7000 as either a loan or some form of "rent". Your only recourse here would be if you had a signed agreemnt as to the return of the $7000, which you apparently do not. I'm afraid that you will jsut have to hope that your ex-fiance will do the right thing by you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are not on the deed, you are not an owner. If you are not an owner, you would only be entitled to money from the sale IF you have a written agreement with your fiance stating that in return for you puttng $7,000 towards the down payment, you will receive that money back or otherwise part of the sale proceeds when the house is sold. As a non-owner, if you don't have such a written agreement, you are not entitled to your money back: a court would conclude that you either gifted the money to your fiance or that you the money you contributed was essentially your payment for being allowed to live there 6 years.


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