Legal Question in Real Estate Law in California

Re: Gay couple splitting up property

It depends. I would suggest you and you ex arrange to mediate all of your issues because litigation is painful and expensive.

Re: Gay couple splitting up property

You may, but it depends on the terms of your agreement. Why was your partner the only one on title? Is she going to say it was always her house and you were only renting from her? Who took the tax deductions? Real estate agreements are suppose to be in writing but you may have a claim if you have anything signed by her indicating that you have an interest. I would find a real estate litigation attorney located near the property and let her or him review all the relevant paperwork to determine if you have a claim.

Re: Gay couple splitting up property

If you were not married, the MOST important things are (1) whatever agreement you had between you (preferably, of course, in writing) and (2) who paid the down payment. Ownership in these situations tends to follow the parties' intentions as expressed in anything they wrote, and the source of the down-payment funds.

The way title is held (on the records at the County Recorder's office) show how legal title is held, and that's the starting point, but evidence of payment of the down payment and/or evidence of an agreement to share ownership in some other way can alter that picture.

Making mortgage payments is relatively unimportant. That can be deemed to represent the equivalent of rent for your use of the owner's house.

Please contact me with the particulars if you'd like a free initial consultation.