Legal Question in Family Law in Washington
Unmarried couple/home equity rights
My question: Does my partner
have a right to the increase in
equity in the house since he
moved in?
My unmarried partner and I are
splitting up after 6 years living
together. We were engaged to be
married. I bought my home before
my partner moved in with me. At
that time, he lived on his sailboat.
The mortgage is in my name. My
partner and I have separate
checking, and savings accounts.
My partner wants to be paid 40%
of the equity since the home's
value has risen over the time
we've been together. Housing
prices have climbed steadily in our
area. My partner has done some
remodeling over the years (e.g.
updated downstairs 1/2 bath, tiled
and sheetrocked downstairs dining
area, built a backyard bench and
grape arbor) as well as put in time
maintaining the yard, cars, and
helped out inside the house (e.g.
fixing things, house cleaning, etc.)
I have helped pay for some of the
remodeling expenses. I have made
all the mortgage payments as well
as pay all the household bills (they
are in my name) with the exception
of the Cell phone plan. I have paid
70% of the food bills. My two sons
(previous marriage) live with me. I
want to be fair. How much is he
entitled to?
1 Answer from Attorneys
Re: Unmarried couple/home equity rights
From the facts that you provided, under Washington law, since you are unmarried, your partner would likely only be entitled to the amount contributed for improvements made to the home. Only if your partner can show that the increase in equity is directly due to the improvements, and not simply the market then your partner could argue that he/she should be entitled to a percentage of the increased equity (not the entire equity).
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