Down payment on a house

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Down payment on a house

I recently split from my partner of 10 years. She got a house
under her name, but I gave 1800 for a down payment. She
asked me to leave and now I was wondering if I could get the
1800 back that I gave for a down payment.

Asked on June 29, 2018 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are not entitled to the down payment back UNLESS there was a written agreement in place entitling you to the return of the down payment under these circumstances (e.g. if you move out). Otherwise, a court would view a down payment provided in the absence of an agreement to repay as either a gift to her (very reasonable to  view it as this, since you and she were partnersO or as your payment of living/housing expenses (i.e. something you have already received fair value for).


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