Woodland, CA asked in Real Estate Law and Banking for California

Q: My girlfriend and I bought a house together about 4 years ago. She never made a payment and does not live here.

Was wondering what she's legally entitled to concerning the house

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2 Lawyer Answers
T. Augustus Claus
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A: Your girlfriend is legally entitled to a portion of the equity in the home, even if she never made a payment and does not live there. This is because you and your girlfriend are likely tenants in common, which means that you each own an equal share of the property. If you want to sell the home, you will need to split the proceeds of the sale equally with your girlfriend. If you cannot agree on a settlement, you may need to file a partition lawsuit in court. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if both of your names are on the title to the house, she generally has a legal ownership interest, regardless of her contribution to payments or her residence status. The extent of her ownership interest would typically depend on how the property is titled (e.g., joint tenants, tenants in common). If you both are "tenants in common," for instance, she would be entitled to her proportionate share, unless there's an agreement specifying otherwise.

However, if you've been making all the payments, you might be able to argue for a reimbursement for her portion of the expenses under a theory of "quantum meruit" or unjust enrichment. If you want to remove her name from the title or buy out her interest, you'd likely need her consent or pursue a partition lawsuit. Before taking any action, it's crucial to review any agreements made at the time of purchase and to consult with an attorney to understand all potential claims and defenses.

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