Unmarried couples joint house - split up

[WorstyOne]

Ohio

My son and his girlfriend purchased a home 1 1/2 yrs ago an SHE has decided that they should dissolve the relationship. My son put the downpayment down on the house and has been sharing the expenses equally with her.

She has given him 3 options:

1. Assume the mortgage from her, removing her name
2. She assumes the mortgage, removing his name
3. Put the house up for sale, splitting any expenses and if there is any gain.

My son has opted to let her assume the mortgage because he can not afford the house on his own. He has asked that he receive his deposit back along with all of the property that he came into the house with.

She has agreed with the property part but refuses to give him his deposit back.

Is there anything legally binding her to do this? If he hired an attorney would the court agree that he should get his deposit back? After all, the deposit reduces her monthly payment as well the total amount owed on on the house.

Thanks so much

[seniorjudge]

Originally Posted by WorstyOne

Ohio

My son and his girlfriend purchased a home 1 1/2 yrs ago an SHE has decided that they should dissolve the relationship. My son put the downpayment down on the house and has been sharing the expenses equally with her.

She has given him 3 options:

1. Assume the mortgage from her, removing her name
2. She assumes the mortgage, removing his name
3. Put the house up for sale, splitting any expenses and if there is any gain.

My son has opted to let her assume the mortgage because he can not afford the house on his own. He has asked that he receive his deposit back along with all of the property that he came into the house with.

She has agreed with the property part but refuses to give him his deposit back.

Is there anything legally binding her to do this? If he hired an attorney would the court agree that he should get his deposit back? After all, the deposit reduces her monthly payment as well the total amount owed on on the house.

Thanks so much

1 and 2 won't work; 3 is the one of the ways out of this mess.

[HomeGuru]

Maybe time to threaten a partition lawsuit.