Non-married couple purchased home, then split...

[ianoble]

What is the name of your state (only U.S. law)? California

Just some background: I purchased a home with my ex-girlfriend in October 2008. We split up in May of 2009. She moved out of the house and I have continued to pay the mortgage myself since then. After a couple meetings and multiple attempts to come to an agreement on releasing the title to me, we have come to a impasse. I haven't heard from her in 2 months.

Is there anything, legally, I can do to persuade her to release title to me?

There is also the issue of the amount returned in income tax based on interest payed in 2009. Originally I offered her 50% of that, but now, after I filed and got the return back, she doesn't seem to want to accept that amount. The full amount was deposited in my account and I have used part of my portion for bills and personal expenses, but her amount remains untouched.

Should I send her a letter saying that the agreement will expire on a certain date unless I hear back from her? Does she even have rights to 50% or could I just tell her that she took too long and that money is mine now?

Thanks for any advice you can give!

- Ian

 

[tranquility]

Is there anything, legally, I can do to persuade her to release title to me?

Persuade? Ask or pay her. Make? Not really. Even a partition lawsuit will most likely have the house sold and be expensive.

You have a mess. Make a deal. If the courts get involved, you will be hurt.

 

[JETX]

Is there anything, legally, I can do to persuade her to release title to me?

Yep.
You can attempt to negotiate a purchase agreement where you purchase her interest in the property, in full.

Failing a mutually acceptable agreement, you would likely have to consider a 'partition lawsuit'.

partition
n. a lawsuit which one co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. Normally, a partition order provides for an appraisal of the total property, which sets the price for one of the parties to buy out the other's half. Partition cases are common when co-owners differ on whether to sell, keep or divide the property.

Should I send her a letter saying that the agreement will expire on a certain date unless I hear back from her?

You can do that... but it has NO legal obligation or value.

Does she even have rights to 50% or could I just tell her that she took too long and that money is mine now?

Same as above.

 

[ianoble]

When you say:

You can attempt to negotiate a purchase agreement where you purchase her interest in the property, in full.

Would her interest be 50% of the value of the house? So if the house is appraised for $300k, she would would need a payout of $150k? Would the amount that we paid into the mortgage up until now affect that figure?

Definitely sounds like a partition would force me to leave the home because I wouldn't be able to come up with the buyout amount. That's the least favorable option at this point.

 

[tranquility]

Would her interest be 50% of the value of the house? So if the house is appraised for $300k, she would would need a payout of $150k? Would the amount that we paid into the mortgage up until now affect that figure?

Ahh, negotiations.

In court, it would be 50% of the amount it sold for minus the Principal amounts paid on the mortgage.

 

[justalayman]

When you say:



Would her interest be 50% of the value of the house? So if the house is appraised for $300k, she would would need a payout of $150k? Would the amount that we paid into the mortgage up until now affect that figure?

Definitely sounds like a partition would force me to leave the home because I wouldn't be able to come up with the buyout amount. That's the least favorable option at this point.

50% of equity which, unless this was purchased a long time ago, there was a very substantial down payment, or it has appreciated considerably since the purchase might actually be a negative number.

Depending on a lot of things, the both of you could actually owe money to be able to get out of this arrangement.