Legal Question in Real Estate Law in California

Re: My ex-girl won't share the profits made on real estate investment.

You'll have to sue her. Get a lawyer as soon as you can. Good Luck.

Re: My ex-girl won't share the profits made on real estate investment.

How did you hold title to the real estate? Did you have any recorded ownership interest? You have a much stronger case if you were on title.

Even if you are not on title, you can still claim breach of contract and probably common law claims such as unjust enrichment. See an attorney for more details.

Re: My ex-girl won't share the profits made on real estate investment.

You sue her . . . for breach of contract, unjust enrichment, an accounting, imposition of a constructive trust, and for partition of the property. You will need an attorney. At this point, you should threaten her with a lawsuit for all of these things. Demand the return of your original investment and whatever percentage of any increase in value that you believe you are entitled to. If you are not sure of the increase, then tell her that you will hire an appraiser to make that determination and that you are willing to split the cost 50/50. She will refuse, no doubt. And then you will sue.

We are real estate litigators. Please call us if you need help.

Re: My ex-girl won't share the profits made on real estate investment.

I will take a somewhat different approach than the three previous answers.

Your most obvious legal problem is that you don't have a written agreement. Generally, agreements affecting ownership or possession of real property (except leases for a year or less) must be in writing to be enforceable.

I can think of at least two ways around this problem. The first is to characterize your joint investment in the property (which I assume was in her name alone, else it couldn't have been sold for a profit) as a partnership. Partnership agreements don't have to be in writing; in fact, they don't even have to be expressly made orally, either; a partnership agreement can be inferred, in court, from the parties' conduct and transactions.

A more straightforward legal theory is called "purchase-money resulting trust." Looks like you have a classic example. When X puts up the down-payment money for Blackacre, but Y ends up on title under circumstances where it is clear X wasn't making a gift to Y, Y will be considered to hold title in trust for X, and X is entitled to conveyance of legal title upon demand.

As an example, suppose it's 1910 and John D. Rockefeller has just heard that oil has been discovered in Texas. He takes a bag of gold out of his safe and hands it to Cratchit, his trusted assistant, and says, "Bob, take the next train to Houston and buy as many ranches as you can." Cratchit buys ranches, but has them put in his name, instead of Rockefeller's. Can Rockefeller get them back? You bet. So can you, and no writing is necessary. If the property was already sold, you can go after the proceeds of sale.

How much are you entitled to? Well, what portion of the down-payment did your $30,000 contribution represent? If you paid 100% of the down payment, arguably you are entitled to 100% of the net proceeds.

I would be happy to review your claim in detail, and if I think it is meritorious, I would consider accpeting your case on a largely contingent basis (small fee unless/until you win). Please contact me with particulars.

Re: My ex-girl won't share the profits made on real estate investment.

You know what you have to do--get an attorney and file suit! While it is true that agreements such as those regarding real estate must be in writing, there are ways to satisfy the statute of frauds with other evidence that a contract was formed. Alternatively, you might find that the facts justify bringing an action for "promise made without intent to perform," a species of fraud. What you do not want to do is let any more time elapse, as the facts and events are fresh right now and the chances of her still having the money she received from the sale lessen with time.

Re: My ex-girl won't share the profits made on real estate investment.

first of all, we empathize with the frustration and aggravation you must be feeling here from a personal and financial standpoint resulting from your breakup. so, we offer you our sincere condolences. from a legal standpoint, ALL real ppoerty transactions MUST be in writing to be enforceable under the purview of the statute of frauds. however, in general, there are exceptions to this rule if other evidence can show an existence of any such agreements. from your facts, you can clearly show the existence of such an agreement with the proper attorney assistance. time is of the essence in preserving your rights, so we STRONGLY suggest you consult with an attorney ASAP. if you would further assistance and justice here, contact us today.

Re: My ex-girl won't share the profits made on real estate investment.

You don't need a written agreement as it relates to sharing in profits from the sale of real estate.

Give us a call. We have handled several cases like this in the past. We may even be interested in taking the case on a contingency basis.

Re: My ex-girl won't share the profits made on real estate investment.

You can sue for constructive trust. You can call me, I've fought these types of cases many times.