Down payment on a house

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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).

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 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.

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