Cincinnati, OH asked in Real Estate Law for Ohio

Q: Do I have any claim of ownership in a house I've paid 50% of all the total housing expenses of, but my name isn't on?

Instead of my fiancé and I both having our name on the title when we first starting living together, she suggested I just pay the mortgage and utilities until we reached that 50/50 split of total money invested into the house (and use my other savings for a ring).

Fast forward two years later, I am 100% of the way to have paid that 50/50 split of the house. ($40K down payment, $5K closing costs, $10K in property taxes, $5K other expenses.) $60K total, my half would be $30K that I've paid her (with proof). This was a verbal agreement not in writing. She pay's the mortgage, taxes and utilities in her name, but I've given her over $1000+ a month which covers all of that for the last two year.

Do I have any claim to the house or am I at risk of losing all of that money if it was ever decided that things don't work out.

Thanks.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: You have a potential claim -- but you will have to try to prove in court if you and she cannot agree on a fair solution. There is no guarantee you would win in court. A court can enforce an oral contract, but you would have to prove the terms of the agreement. Two people living together do not have the legal protections for splitting their assets and finances as a married couple getting a divorce. Unmarried couples should draft a written house ownership agreement to handle the financial aspects if they were to split up. Without a written, signed agreement, there is a big risk of financial loss. Use the Find a Lawyer tab to retain a local litigation attorney to review all the facts and advise you of your options.

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