own home w/ ex-boyfriend

What is the name of your state?
Texas.
I own a home with an ex-boyfriend. It is for sale, he only is living in. Deciding how to split proceeds of the sale. He has been paying total mortgage payments. What monies am I entitled to other than the $ i put as downpayment?

[HomeGuru]

[quote]Originally posted by pam baker
[b]What is the name of your state?
Texas.
I own a home with an ex-boyfriend. It is for sale, he only is living in. Deciding how to split proceeds of the sale. He has been paying total mortgage payments. What monies am I entitled to other than the $ i put as downpayment?

**A: what type of tenancy do you hold and is there any % of interest stated in the deed?

[Erik2003]

Unless you have a written agreement outside of the standard mortgage and title documents, you get 50%. The fact that you haven’t been paying the mortgage is irrelevant as far as your legal rights are concerned. Your ex should have asked you to sign a quitclaim deed for a mutually agreeable buy out price when you moved out.

How long has he been paying total mortgage payments?

[HomeGuru]

What happened to the writer?

[Erik2003]

"What monies am I entitled to other than the $ i put as downpayment?"

You are not entitled to the $ you put as downpayment. (assuming writer comes back)

[HomeGuru]

Originally posted by Erik2003
"What monies am I entitled to other than the $ i put as downpayment?"

You are not entitled to the $ you put as downpayment. (assuming writer comes back)

**A: especially if there is no equity in the property.

Originally posted by HomeGuru
**A: especially if thtere is no equity in the property.

thanks for responding and sorry i haven't written back, i am new with this legal forum and i didn't know how to use...there is much equity in the property, he has been living in for 3 yrs or so, why wouldn't i get downpayment back? thanks

Originally posted by Erik2003
Unless you have a written agreement outside of the standard mortgage and title documents, you get 50%. The fact that you haven’t been paying the mortgage is irrelevant as far as your legal rights are concerned. Your ex should have asked you to sign a quitclaim deed for a mutually agreeable buy out price when you moved out.

How long has he been paying total mortgage payments?

thanks for responding and sorry it has taken me so long, i'm new w/ legal forum. nothing outside of the standard stuff was done, he has been living in and paying for approx 3 yrs.

[HomeGuru]

Writer, you have not answered the questions in my first post.

[Erik2003]

Writer, to answer HomeGuru's original question:

"**A: what type of tenancy do you hold and is there any % of interest stated in the deed?"

you will need a copy of the deed (obtainable at your town hall or from your ex) and the mortgage documents (obtainable from the lender or from your ex)

Originally posted by HomeGuru
Writer, you have not answered the questions in my first post.

joint tenancy
no % of interest stated in deed

[HomeGuru]

The Erik is correct regarding the 50%. The other owner though would be legally entitled to offset expenses paid that would be your liabilty such as 1/2 of mortgage payments, real property taxes, insurance, repair and maintenance etc.
You would be entitled to your share of market rent credit.