A breakup is turning into a financial reality check for one homeowner who says he poured about $70,000 into a house he bought with his girlfriend, only to realize she could still claim half of the profits from selling the house.
Speaking on The Ramsey Show, John from Los Angeles said he and his girlfriend bought a home together nearly three years ago with both names on the title and mortgage (1). But their financial contributions weren’t equal: John says he contributed $35,000 to the down payment, while his ex only put in $5,000. He also spent another $35,000 to $36,000 renovating the home.
Now that the relationship is ending, the house is expected to sell for about $625,000. After paying off the $510,000 mortgage and closing costs, John believes he and his ex could walk away with roughly $95,000. With this in mind, John also thinks each person should get back what they invested into the house; $70,000 for him, $5,000 for her, then split the rest.
But cohosts George Kamel and Ken Coleman quickly warned John that it may not turn out that way.
“It’s going to be a knockout, drag down fight on the way out,” said Kamel.
Ownership doesn’t always follow the money
While some homeowners might think whoever puts more money into a property owns a bigger share of it, that’s not how homeownership works.
The key legal requirement that determines ownership is the title — recorded in a document called a deed, which records who legally owns a specific property — whereas the mortgage outlines who is responsible for repaying the loan. Being on the mortgage doesn’t necessarily mean you own the home, while being on the deed usually determines the legal share of ownership.
If two people are listed equally on the deed, which is common for couples that purchase property together, each typically owns 50% of the property, regardless of who paid the down payment or funded renovations. In other words, the law may treat the home as an equal asset even if the financial contributions were unequal.
Unlike married couples going through divorce — where courts have established systems for dividing assets — unmarried partners (often referred to as common law) must rely on property law and ownership documents when a breakup forces the sale of a house.
Without a written agreement that says otherwise, courts typically treat all owners listed on the title as having equal ownership, and this can create problems when one partner contributes more cash to the purchase of the property or its upgrades than the other.
Unless those contributions were documented in a legal agreement, or can be proven clearly in court, the extra investment may not change ownership percentages.
When it comes to John’s situation, he may have contributed more money to the property than his ex, but if the property is legally split 50-50, the proceeds from the sale could simply be divided evenly, potentially leaving John tens of thousands of dollars short of what he invested.
Even John admitted on the show that he doesn’t “have a leg to stand on” if his ex insists on a strictly legal interpretation of the sale of the house.
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Best practices for buying property with a common-law partner
This case highlights what can be a common, and often expensive mistake when purchasing property.
Many couples buy homes together assuming everything will play out fairly if things go wrong. But without written agreements, verbal understandings or handshake deals about money and ownership rarely carry much legal weight.
If you’re buying a home with a partner that you’re not married to, Redfin says it pays to get things in writing before you sign on the dotted line (2).
That could include:
- A cohabitation or property agreement outlining ownership percentages
- Written documentation of who contributed what to the down payment
- Clear terms for renovations, repairs and upgrades
- A plan for how proceeds will be split if the home is sold
These agreements might feel unnecessary when a relationship is going well, but they can prevent major financial disputes down the road if the relationship goes south.
For John, who believes the fair outcome is getting back the money he personally invested in the house, he may have to deal with both the financial and emotional fallout of his breakup. If the title says the home is owned equally, the proceeds from the sale might also be split equally, regardless of who put more money into the property.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
The Ramsey Show Highlights (1); Redfin (2).
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Jessica is a freelance writer with a professional background in economic development and small business consulting. She has a Bachelor of Arts in Communications and Sociology and is completing her Publishing Certificate.
