Q: Can my ex girlfriend take me to court for her share of the house we own together even though she's never paid anything?
My exgirlfriend and I bought a house together. I've made all the mortgage payments which include property tax, homeowners insurance and warranty insurance. She walked out November 2013, the house has needed somethings repaired and or replaced since then and I have requested she help financially with those things but she ignored me every time. She now tells me she wants money for her share of the house. She will take her name off the loan/deed to the house if I give her one third of the equity. I've paid everything, why should I give her anything? I want to fight her on this but will it be a losing battle on my part? If I don't agree to her giving her the one third of equity, she's threatening to take me to court and ask that the house be sold and she get 50%. Would a verbal agreement having any bearing in court? I don't even know what kind of lawyer I would need to hire if I choose to go to court. Any help you can provide would be greatly appreciated. Thank you for your time.
A: Yes, your ex has a good claim. These issues arise frequently. In most cases it is best to settle if this can be done reasonably. If not, a partition action can be filed with the superior court to order the home sold. In this event, the judge will decide what the interest of your ex is and how much of the sales proceeds she is entitled to.
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