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who gets what

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LdiJ

Senior Member
I don't agree with that unless she paid some of the buying costs. If she put nothing into it then I don't see her getting anything out of it unless there is something left over after all costs of sale are paid and he gets back the $50k he put down.
The buying costs generally get rolled into the loan and therefore if they were sharing the mortgage payment they were sharing the costs. The selling costs reduce the payout at the end, therefore both are paying for them. So I don't agree with you. In this instance after selling costs they net only enough for his down payment. I do not see it as equitable that he would not have to absorb his half.

In fact, if I were in her shoes, any attempt on his part not to absorb his half of the buying and selling costs would just make me fight harder to get the full share of the equity my 1/2 ownership of the property would normally entitle me to get.
 

FarmerJ

Senior Member
when you were a couple did you keep your own checking account and pay for a lot of things with money that was not mixed together ?
 

zddoodah

Active Member
Is she entitled to 1/2 of that or because I put down the down payment by law who get's what.
That depends. When you bought the house, did you and she enter into a written contract that would govern your joint ownership of the home and which spelled out what would happen in the event of termination of the relationship? If not, why not, and did you discuss that possible eventuality?
 

quincy

Senior Member
That depends. When you bought the house, did you and she enter into a written contract that would govern your joint ownership of the home and which spelled out what would happen in the event of termination of the relationship? If not, why not, and did you discuss that possible eventuality?
There apparently was no written agreement. Did you read his response to adjusterjack’s post?
 

Taxing Matters

Overtaxed Member
The buying costs generally get rolled into the loan and therefore if they were sharing the mortgage payment they were sharing the costs.
You are assuming something two things that we don't know. First, you are assuming that the buying costs were rolled into the mortgage. They might not have been. And second, you are assuming that they both paid towards the mortgage. The OP never stated that, so we don't know who paid what amounts towards the mortgage. That's why I prefaced my answers with qualifications about the facts. All the facts matter.

The selling costs reduce the payout at the end, therefore both are paying for them.
But as that comes out before any split of the rest that's already accounted for.
 

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