Can I recuperate my investment in a jointly owned property now that we are separated?

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Can I recuperate my investment in a jointly owned property now that we are separated?

I purchased a property with my savings in full (no loan nor mortgage). My partner’s name is also on the title yet she never paid property bills.We’re listed on the title as “a single person, joint tenant”. We’re not married but have lived together for over 10 years. We recently separated. Now I want to sell the property through sale by partition as she will not sign a quitclaim deed. What portion of the sale proceeds should I expect to attain? What difference would it make to my share of the sale proceeds if we were deemed to have a putative (de facto) marriage?

Asked on July 7, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your partner's name is on title to the property that you are writing about with you and there is no specific allocation of ownership percentage, then under the laws of all states in this coutnry, you made a "gift" of one half interest in the property to the property that you are writing about to the person designated on title to it.

In essence, you and your partner own 50% each in the property.

The problem I see for you is that your partner may want 50% of the net proceeds on the parcel. I suggest that you consult with a real estate attorney about the situation you have placed yourself in concerning the title issue to the property.


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