Sacramento, CA asked in Real Estate Law for California

Q: I have been in a relationship for almost 25 years, not married. We are splitting up, can I get 1/2 the house?

My name is on the deed as a joint tenant, the house is paid for and my significant other says I'm not entitled to any of the house because he paid for it. We had a co-mingled account for 1/2 of the time we have been together. I have contributed to the household with my income. He has been retired for approximately 15 years and I have worked the entire time. He says he will take me to court if I don't sign a quick claim deed giving him control of the house.

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Mill Valley, CA
  • Licensed in California

A: An attorney will need to fully review the facts to give you a specific opinion in your case. Generally, a joint tenant is entitled to one half the property. If court action is required, an action for "partition" will force the division (usually by sale) of the property, with the court making equitable adjustments to the division of the proceeds of the sale. Those adjustments can include credit for payments which benefited the property, and possible attorney fees to a party.

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