Legal Question in Family Law in California

It really depends on how you took title on the deed.

BARRY BESSER

www.besserlaw.com

Since you are not married, you will not be able to divide your property under the California Family Law Act. You will need to settle between yourselves on these issues or file a civil lawsuit to divide the real property if you cannot agree on how to resolve the division.

I am not sure what Mr. Besser is talking about. Whether you take title as tenants in common, or joint tenants (which are the only two realistic options in the scenario you are asking about) makes absolutely NO difference in how the net value of the property is divided if you break up. Makes a BIG difference to your families if one of you dies, since joint tenants take 100% ownership when the other dies, whereas a tenants in common share passes by will or to the legal heirs of the decedent. The only thing I can think of that he may mean is if you designate on the deed specific percentages of ownership, such as "[Your Name] as to a 35% undivided share and [His Name] as to a 65% undivided share, as tenants in common" (joint tenants must be in equal shares). But if you were doing that I don't think you'd be asking your question. Ms. Kock is right, but doesn't answer your question really, and so far neither have I. So here goes. The short answer is yes, at least in theory, he would be entitled to more of the equity in the property than you if he put more money into it. In practice, however, it is not that simple. For example if he pays all the insurance, HOA dues, maintenance and taxes, and you make the mortgage payments, you might wind up with a bigger share after several years, even if he put in more up front. Which brings you to Ms. Kock's answer. If you can't agree, one of you has to file a lawsuit called a "Partition" action. In that proceeding the property is sold, either by agreement or by order of the court if one will not agree, and then the parties litigate their rights to reimbursements, after which any remaining equity is divided, much like when a partnership is dissolved by court action when the partners cannot agree on a winding up and one files for a dissolution and accounting. Just as wise partners enter into partnership agreements with clear and fair provisions for handling dissolution should it occur, to avoid that litigation, unmarried property buyers are wise to have an agreement in place ahead of time so there is nothing to litigate in the event the relationship must end. Good family law attorneys will know how to craft a "non-nuptual agreement" to cover not only the property but any other financial issues that might arise during your relationship and in the event the two of you break up. You should consult with one. If you do things right the fees may even be deductible from any capital gains tax whenever you sell, as a cost of acquisition of the property.