Fountain Valley, CA asked in Real Estate Law for Idaho

Q: unmarried couple both on deed ,partner leaves claims owed 50% as common law .

I say purchase price plus equity/ % of contribution to down plus down is equitable

Related Topics:
1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Idaho has NO MORE common law marriages. Those were abolished more than 10 years ago. So this is more simple that community property law principles or even old, common law principles. Essentially you have a joint ownership situation. The departing partner is absolutely correct. He is owed 50% of the equity - oh but how does he get it? He is going to have to sue his partner for his share of the equity. That is, unless the other partner refinances it and gives him 50%, or puts the property up for sale and upon sale, gives the departing partner 50% of the equity.

The reason this is easier is because we don’t have a situation that often happens where a married couple divorces but only one of them has been paying the mortgage using separate funds!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.