property division

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property division

me and my girlfriend split up while sharing a house.she put the house up for sale.deed is in here name while i made a significate down payment.in the intial buying of the home she sighned papers saying that my name was to be added to deed,which she didn’t do. i have the check receipt for the down payment and mortgage receipts in my name. whe have stayed in the home for a year and half,what are my rights to the home

Asked on June 20, 2009 under Family Law, Alabama

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I suggest demanding that she give you 1/2 of the proceeds from the sale under equitable principals.   the problem is that there is no paper showing you as an owner.  plus, you and her are not married.  I would check with a lawyer in AL to see whether you can have a recognized common law marriage to get you an intertest in the house,but i doubt the state has such a rule.  You can try to sue her on the grounds that you bought the property as partners and agreed to split the proceeds under a partnership theory so that the statute of frauds doesnt bar you from collecting.  You will need to prove that you and her had an oral partnership agreement to buy the house together, put it in her name only for whatever reason, but that you both were to get the proceeds.


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