My ex boyfriend and I jointly own two houses. Am I entitled to half of the proceeds from both houses?

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My ex boyfriend and I jointly own two houses. Am I entitled to half of the proceeds from both houses?

My boyfriend of 11 years and I are splitting and we bought a house together 6 years ago which is jointly titled. Another piece of property that he had for several years was refi’d last year and also jointly titled at that time. He claims that I have no claim to the that house when we split because of his prior ownership. I argue that because it is jointly titled, I get half, when it is sold. Who’s right?

Asked on April 12, 2009 under Family Law, California

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 12 years ago | Contributor

If you are on the title, you are an owner of the house/property. If you are listed as joint owner with right of survivorship then you are entitled to HALF the equity. If you are tenants in common then you may not be entitled to half the equity. It depends on exactly how the property is titled. When you were placed on the title of his property, he gifted you the portion of the property on the title -- it doesn't matter how long he owned it before he had your on the title. The title controls.


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