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Equity is not mine?

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troydwright

Junior Member
What is the name of your state? CA

I was in a relationship for a seven year period. I helped her refinance her property and started mingling funds. In doing so, my name was added to the house, we refinance again and took an equity line. For years we shared expenses and I racked up my credit cards purchasing things for the home increasing its value.

In the years that we were together the equity value of the house increased three fold.

We had a nasty break up and now I just want to have a bit of legal advice on where to turn to get the equity that I think is mine.

I think that I have to go to a civil lawyer since we were never married plus my funds are very limited. :confused:
 
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shortbus

Member
If your name is on the title, you are a co-owner of the property, and you have equity. Your ex can buy you out, or you can file an action for partition (court-ordered sale).

If your name is only on the mortgage, you are a co-signer on the loan. No equity. You might have a claim against the ex for restitution (she pays you back for what you contributed).
 

divgradcurl

Senior Member
shortbus is probably correct in most states, but not necessarily in California.

In California, there are a line of cases that establish some "quasi-marital" rights to people who are cohabitating (see Marvin v. Marvin, Marvin v. Marvin II, etc.). There are no automatice rights to property acquired during the cohabitation period -- you'll need to go to court to show that you had some sort of express or implied contract to comingle funds and otherwise act as a married couple -- but if you can show the requisited contractual arrangement, you may have rights to property beyond just restitution.

You'll need to talk with a family law expert in California -- they'll review all of the facts of your situation, and help you decide if you might have a case or not.

In the meantime, here's a website that briefly descibes the Marvin line of cases: http://www.palimony.com/7.html
 

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