We get asked this question quite often..
Q: I am wanting to sell my home although my ex-significant other who lived with me for 2 1/2 years in the home is stating she is entitled to some profit or a portion of what they put into fixing the house when it was first bought. I have owned the home for five years now. My name is the only one on the deed and I have been the only one making payments on the home. I would like to know if this is true. Do I owe her money from the sale of the house? I have been told by others that because she lived there she also has to sign off on the home before I can sell it. –Anonymous, El Paso, TX
A: The best way to find out is to ask an attorney but you can also have a title company pull the title report and provide counsel on whether they will require her to sign any documentation at the closing. Their advice should be free if you give them the closing business.
In my experience no one can lay claim to a house if their name isn’t on the deed as an owner. Anything she did to improve the house simply benefited her while she resided there. It could also be considered payment in lieu of rent (assuming she didn’t contribute to the payment). Christy Walker is a Realtor® with Re/Max Signature in Phoenix, AZ.
A: If your significant other and you did not have any form of written agreement about her vested interest in your home, and she is not on the deed or the mortgage, and has not made any of the payments…then you don’t have to pay her to sell the house. Nor, do you have to have her permission. What you want to do personally, is a different story. Carrie Abfall is a Realtor® with RE/MAX Real Estate Professionals in Columbus, IN.
A: Although you own the home legally and have the right to self it by yourself, your ex may have some rights to be compensated for money they put out…..but I doubt they will be able to prove it in court. There are many “ifs” that need to be answered to get a clear picture on the legitimacy of your ex’s case.
Also, they likely do not have rights to profits, but may seek reimbursement for what they put out-of-pocket.
This is only an opinion, therefore I recommend you seek the advice of an attorney on this matter. Adam Aguilar is a Realtor® with Reliantra in West Toluca Lake, CA.
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