#LegalAdviceNeeded #Breakup #HouseOwnership
Hey everyone! 💔 I’m in a bit of a pickle and could use some advice. So, my ex and I bought a house together a few years back. I contributed 20k towards the down payment, but my name isn’t on the title. However, I am on the mortgage and have proof of the money I put in. Do I have any legal recourse to get my money back? 🤔
Here’s what I’ve been thinking could be a possible solution:
– Seek legal advice from a real estate attorney to explore your options
– Consider negotiating with your ex to come to a mutually beneficial agreement
– Document all communication and transactions for potential future legal action
Has anyone been in a similar situation before or have any advice to share? Drop your thoughts below! 👇 #LegalAdvice #RealEstateLaw #BreakupRecovery
If you are on the mortgage, does that mean you did *not* need to sign a gift letter?
Was it a loan or was it a gift? If it was a loan did you put it in writing? If it’s in writing did you have to sign something to the mortgage broker confirming it was a gift?
Did y’all end on bad terms?? Seems like talking about it with him is your best shot.
Were you cosigned on the loan as an owner occupant? That may have its own set of requirements that you may want to look into.
And how sure are you that you aren’t on title? TX may be different but in my experience however the mortgage reads so does the deed which would put you on title as well.
Why would you agree to be on a mortgage for a house you are not on the title for ?
Unless you have a purchase agreement you are SOL.
This is practical advice, not legal. Your ex needs to refinance house so the mortgage is in their name only. Presumably the house is worth more now than when it was originally purchased. Ask them to use some of that equity when they refinance to borrow an extra $20k and pay you back.
Point out that you aren’t asking for any profit form the increased equity in the home, even through you supplied part of the original down payment and presumably contributed towards the mitigate payments and home improved while you lived there. So in theory you could ask for more, but you simply want your name of the mortgage and your $20k back.
I’m my state , if you’re in mortgage then your bound on title as well. Maybe consult a lawyer and check the papers
Did you sign a piece of paper saying it was a gift when they bought the house? Usually lenders require that. If you did, you have no recourse.
>my name is not on the title. However, I am listed on the mortgage
This is like the worst combination you can find. You’re liable for a loan on an item that you don’t own. And it’s a house.
Most competent legal jurisdictions have laws or precedents around unjust enrichment which could certainly be argued in this case. The problem is, it could cost you substantial legal fees to obtain a judgement and register it against the house.
Check title to confirm if you are on title or not. Either way, hopefully you are on good terms with your ex and can come to some agreement for repayment.
Curious what the thinking was behind being on the mortgage but not the title?
I had this happen in NY and got my money back when we split. I wasn’t on the mortgage or title but put money into the house. I’d consult attorneys in Texas.
This is bad. Losing 20k is the least of your worries. You need a very good lawyer immediately.
Doubtful. Should have made sure your name was on the title. Why would you put money down and not put your name on the title!? You are not responsible for a loan but have no rights to the house. OOOOOOOOOF. Hard lesson learned.
I am an attorney, not a Texas attorney, not your attorney, and this is not legal advice.
You need to talk to a Texas lawyer ASAP.
You may have an argument for unjust enrichment or equitable estoppel depending on the specific facts and available evidence. The relevant evidence would consist of any written evidence of:
an agreement regarding joint ownership of the home;
an understanding that the down payment was to intended as a loan;
an understanding that the purchase was made in the context of a common law marriage or;
you had an understanding that the home was jointly owned despite the “defect” in title.
You may have a common law marriage under Texas law if you and your ex presented yourselves as a married couple and were together for several years. Talk to a Texas family lawyer about this issue, as well.