Q: I purchased a house with my girlfriend, but because she had better credit, we put it in just her name. Besides splitting the down payment, I’ve been helping pay all the bills, including the mortgage, and I even paid to have the roof repaired. Now, she’s saying it’s her house, and I have no say in it. Is there anything I can do? — Michael
A: Buying a house together can be an exciting milestone, but when the legal ownership is in one person’s name, the situation can become complicated if the relationship takes a turn.
Although you’ve contributed to the mortgage, bills and repairs, the law prioritizes whose name is on the deed when determining ownership. Still, you do have rights in this situation.
The first step is to gather all your documentation. Make a record of every payment you made, especially those for the mortgage, utilities and repairs. Receipts, bank statements, and any written agreements and communications, such as texts and emails, that show the expectation that the home was for both of you are very helpful.
Of course, you should speak with your girlfriend and try to work something out. If you and your girlfriend are open to discussing the matter but are having difficulty working through it, consider mediation. A neutral third party can help you both reach an agreement without a lengthy court battle.
However, if she’s unwilling to negotiate, legal action may be your only option.
Courts may recognize your financial contributions under the legal concepts of “constructive trust” or “equitable interest.” This means that even if your name is not on the deed, you may be able to claim a share of the property based on your significant financial contributions.
Even if the court doesn’t award you a share of the property, it might order her to reimburse you for those contributions.
Finally, moving forward, it is important to protect yourself in similar situations. If you find yourself contributing to a property again, make sure your name is on the deed or that you have a written agreement outlining your rights.
While it’s easy to assume that love and trust will carry the day, having legal protections in place can save you a lot of heartache down the road. There’s no reason loving, caring partners cannot have written agreements to help avoid misunderstandings.
Story by Gary M. Singer, South Florida Sun Sentinel.
Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Florida. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at www.sunsentinel.com/askpro or follow him on Twitter @GarySingerLaw.
