Is half of our house mine?

UPDATED: Sep 30, 2022

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Is half of our house mine?

Boyfriend of 12 years has been cheating. We purchased a home 6 years ago and I
have been paying half of the mortgage and also contributed to the down payment.
The house is in his name only.

Asked on January 9, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are not in a good situation: if the house is in his name only, then presumptively it is legally only his home. He could kick you out; or if he sells it, only he'd get the equity or value. The monies you paid in could be seen as the equivalent of rent (paying your share in order to live there) or, becaue of the relationship, as a gift to your romantic partner; in neither event does it give you any interest in or rights to the home.
It is *possibly* that an argument could be formulated that there was an agreemeng that if/when the home is sold, you could get back at least what you have put into it (or maybe just your portion of the downpayment) or *possibly* some share of the equity, but that will be an uphill battle; the presumption is the only person with rights to the home or its equity is the one on the title. Speak with a real estate attorney to see if under the specific facts here, any claim can be made to some interest in the home, or at leat compensation.

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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