Legal Question in Real Estate Law in Colorado

Mortgage payment

Hello. My ex-girlfriend says that I am not entitled to payments that I have made on the mortgage. The unit was bought and put into her name because I have high student loans. We both put money towards the downpayment, which I am entitled tod, and I have paid $1400 on the mortgage, which was my share. She now claims that she won't pay me for this after our relationship ended. Is she right? Am I entitled to my share of the mortgage?


Asked on 10/09/08, 4:46 pm

2 Answers from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Mortgage payment

She is wrong. While you may not have legal title under the deed, you do have an equitable right and under contract. I would strongly advise that you get a written agreement done now. If that is not possible and she refuses to pay you can file suit under breach of contract and partition.

Talk to an attorney and good luck. In the future, never enter into these kind of agreements without it being in writing and, ideally, with advice of an attorney.

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Answered on 10/09/08, 5:09 pm
Mark Cohen The Cohen Law Group, A Professional Corporation

Re: Mortgage payment

You probably can make a claim to an equitable share based on what you contributed. But for such a small amount it won't be cost effective to pay a lawyer. Consider small claims court.

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Answered on 10/09/08, 6:29 pm


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