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  1. #1
    Join Date
    Jul 2014

    Default Can a Co-Owner Recover the Costs of Upgrades When the House is Sold

    My question involves real estate located in the State of: California two people buy a house both give 50/50 down payment they both live there for 5 years both split the mortgage and maintenance on the property one person invests on upgrading the house on his own, now that they are splitting up he wants his investment back and what's left over they split 50/50 the second party never agreed or signed any document that would agree to him fixing up the house. so he wont sign the sale till the second party agrees on paper that he will get his investment back. if going to court who will win ?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can a Co-Owner Recover the Costs of Upgrades When the House is Sold

    The presumption will be that the two co-owners have an equal interest in the home. What will happen when the person who put the money into the home starts arguing that there was an agreement for reimbursement, that half of what he paid was in the form of a loan to the other co-owner, that there's some form of constructive trust, that he's elderly or disabled and financial exploitation was involved, or anything else the facts might plausibly support, I can't tell you.

    Which party are you? If you're the person who invested in the upgrades, is enough money involved to justify the cost of litigation? If you're the person who didn't invest the money, whether or not you might prevail in court, why do you think your co-owner shouldn't be reimbursed for the increase in property value resulting from his investment?

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