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How do i get my part of the house sell?

My boyfriend and i bought a house together in 2020 and we' have both been paying the mortgage (we take turns, usually or sometimes split). We also had a roommate who helped pay the mortgage, but a lot of my money whent into the house. We broke up last month and I am living with my aunt and we want to sell the house but he says since my name isn't on it, I don't get any money from the sell. Is that true? How do i get the money back that I paid for mortgage?

Asked by Sara M | Conway, AR| 04-17-2026| 115 views|Tips & Advice|Updated 6 months ago

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Juan PicosReal Estate Agent3 months ago

I’m sorry you’re dealing with such a difficult situation. The answer depends on who legally owns the property. If your name is not on the deed, you may not have an ownership interest in the home, even if you helped make the mortgage payments. Likewise, if your name is not on the mortgage, you’re generally not legally responsible for the loan either. That doesn’t necessarily mean you have no rights. If you contributed significantly toward the mortgage, down payment, renovations, or other expenses with the understanding that you were building ownership together, you may have a legal claim depending on Arkansas law and the specific facts of your situation. I recommend gathering any documentation you have, such as bank statements, payment records, text messages, emails, or written agreements showing your financial contributions. Then, consult with a local real estate attorney. Many offer an initial consultation and can advise whether you may have a claim to recover some of your contributions or pursue another legal remedy. If your ex is willing to cooperate, mediation may also be a less expensive way to reach a fair agreement without going to court. Juan Picos Realtor | JohnHart Real Estate Burbank, CA www.juanpicos.com

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Zoltan PeresztegiReal Estate Agent3 months ago

Sara, unmarried co-owners are in a tougher spot than divorcing couples, because there is no divorce court to sort it out. There is you, him, the deed, and the mortgage. Here is the escalation ladder, cheapest step first. Before anything, assemble three numbers: the mortgage payoff (request it from the lender), a realistic value (a local agent will run comps free), and the difference, which is the equity you are splitting. Every conversation goes better when you open with math instead of memories. Note that whose money paid which month matters much less than people expect; the deed controls ownership shares unless you had a written agreement. And the roommate's rent contribution does not create any ownership at all. The ladder: - Step 1: agree to sell together. Cleanest exit. House sells, loan pays off, equity splits per the deed. If he will not decide, a written proposal with a deadline ("list by this date or I pursue my other options") often unsticks things. - Step 2: buyout. He refinances the loan into his name alone and pays you your share of the equity. Two non-negotiables: your money and your release from the mortgage happen simultaneously through a title company, and you do not sign a deed handing over your interest on a promise of payment later. Ever. - Step 3: partition. If he refuses to sell or buy you out, any co-owner can file a partition action and a court will force the sale and divide proceeds. It works, but attorney fees and time eat into the equity, which is precisely why mentioning it credibly in step 1 usually prevents needing it. Talk to an Arkansas real estate attorney about specifics; I am a real estate professional, not an attorney. One more thing: until this resolves, stay current on the mortgage even if it feels unfair. A missed payment wrecks your credit exactly when you need it for your next home. I am a real estate professional in Los Angeles' South Bay. If you want a Conway-area agent from my network to run the value number so you can start the conversation with facts, I am happy to connect you. Zoltan

Amy Glover BryantReal Estate Agent5 months ago
Novice4 Answers

Definite conversation for an attorney. Let me know if i can recommend one in Central Arkansas to you. Amy Glover Bryant, REALTOR®, Berkshire Hathaway Home Services Arkansas Realty [email protected]

Noah UllahReal Estate Agent5 months ago
Rising Star18 Answers

I’m not a lawyer, but I can tell you how this usually works in real estate situations like this. First thing is the big issue: who is actually on the title (deed), not just who paid the mortgage. In most cases, the name(s) on the deed are who legally owns the property and who gets the proceeds when it sells. So if your name truly isn’t on title, then unfortunately: You don’t automatically have ownership rights just because you helped pay the mortgage Mortgage payments usually don’t equal ownership by themselves That said, it’s not always as simple as “you get nothing.” If you’ve been contributing financially, there may be other legal paths depending on your situation, like: Written agreements between you two (even texts/emails sometimes matter) Proof you contributed to down payment, mortgage, or major repairs Whether there was any understanding you would have an ownership interest But that’s where it moves out of real estate and into legal territory (property / equity dispute). What I’d do in your situation Pull the deed from your county records and confirm exactly whose name is on it Gather proof of payments (bank statements, transfers, mortgage payments, receipts) Talk to a real estate or civil attorney ASAP — this is the only person who can really tell you if you have a claim to equity or reimbursement If he’s open to selling, you may still be able to negotiate a payout agreement before things get more complicated Real talk If your name is not on the property, he can’t just say “you get nothing” as a legal fact in every situation—but also, you don’t automatically have a right to half just because you helped pay either. It depends on evidence, intent, and state law. Bottom line This isn’t just a real estate sale situation anymore — it’s a legal ownership dispute. Before anything else happens with selling the home, you really need to verify title and talk to an attorney so you know exactly where you stand.

Becky GroeReal Estate Agent5 months ago

I’m sorry you’re dealing with this situation. Whether you’re entitled to proceeds from the sale often depends on whose name is on the deed/title, not just who made payments. However, financial contributions toward the mortgage and home expenses may still matter, especially if you have records showing what you paid. This would be a good situation to discuss with a real estate attorney in Arkansas so they can review the details and explain your options before the property is sold.

Michael AtkinsonReal Estate Agent6 months ago

This is a tough situation, and unfortunately it comes down to legal ownership. Key point: If your name is not on the deed/title, you are typically not considered an owner, even if you helped pay the mortgage. What that means: The person on the title usually controls the sale. They would receive the proceeds from the sale. But you may still have options: You could potentially claim reimbursement for what you paid. This can fall under things like a verbal agreement, contribution, or unjust enrichment. What to do next: Speak with a real estate attorney (this is important in your case). Gather proof of payments (bank statements, transfers, texts, etc.). A court may determine if you’re entitled to some compensation. Bottom line: You may not automatically be entitled to sale proceeds, but you may have a claim to recover money you contributed and it’s worth pursuing with legal advice.

Amanda CourtneyReal Estate Agent6 months ago

If your name isn't on the deed, your ex-boyfriend is technically the "Legal Owner," but you likely have a "Beneficial Interest" through a "Constructive Trust." Because you made direct financial contributions to the mortgage and upkeep, the law often assumes there was a common intention for you to share in the home's value. You must gather all evidence of your payments—bank statements, Venmo transfers, or even texts discussing the mortgage—and consult a family law or real estate attorney. They can file a "Notice of Interest" or a "Lis Pendens" to prevent him from selling the house and pocketing the cash until your share is legally determined.

Billee SilvaReal Estate Agent6 months ago

The key issue here isn’t just who paid the mortgage, it’s who legally owns the home, because ownership is determined by what’s on the deed, not who contributed money toward it. If your name is not on the title, then legally you likely don’t have ownership rights to the property itself, which means you wouldn’t automatically be entitled to proceeds from the sale.

Michael KozlowskiReal Estate Agent6 months ago
Semi-Pro80 Answers

Hi Sara I would recommend you contact a real estate professional or maybe even an attorney in your local market to find out what your rights are.

Kevin NeelyReal Estate Agent6 months ago

If you co-own a property and want your share of the proceeds, the process depends on how title is held and whether the other owner agrees to sell. Start by pulling a copy of the deed to confirm whether you hold title as tenants in common, joint tenants, or through another arrangement. In Florida, if both owners agree to sell, the proceeds are split according to ownership percentage at closing. If the other party refuses, you can file a partition action in circuit court, which forces a sale. In Hernando County (Brooksville and surrounding areas), partition cases typically move through the court within four to six months, though costs vary. We have helped co-owners in Brooksville navigate this exact situation. The smartest move is to consult a real estate attorney first to understand your rights under Florida Statute 64.041, then bring in an agent to handle the sale once both parties are aligned (or the court orders it). Get a copy of your deed and talk to an attorney before making any agreements with the other owner. Kevin Neely & Kaitlynd Robbins | K2 Sells, Keller Williams Elite Partners

Aaron SimsReal Estate Agent6 months ago

Short answer: Not being on the deed does NOT automatically mean you have no rights or no claim. But what you’re entitled to depends on how the home was purchased, how the payments were made, and what agreements (written or verbal) existed between you and your boyfriend. Let’s break it down. 1. If your name is NOT on the deed Legally, the property belongs to the person whose name is recorded on the title. That means you don’t automatically get a share of the sale. BUT — and this is important — that does not mean you have zero claim. You may still have a financial interest if you can show: - You contributed to the mortgage - You paid toward property taxes or insurance - You paid for repairs or improvements - You and your boyfriend had an agreement (even verbal) to share ownership or equity Courts recognize something called “equitable interest” — meaning you invested in the property and should be compensated. 2. Mortgage payments matter Even if you weren’t on the deed, the fact that you: - Paid the mortgage - Split payments - Took turns paying - Had a roommate contributing …means you contributed to the equity of the home. Equity = value of the home minus what’s owed. If you helped build that equity, you may have a claim to part of it. 3. You may be entitled to reimbursement Even if you can’t claim ownership, you may be able to claim: - Reimbursement for the mortgage payments you made - Reimbursement for improvements you paid for - Reimbursement for repairs or upgrades - A share of the equity if you can show there was an agreement to share the home This is often handled through: - A partition action (if you were on the deed — not your case) - A civil claim for contribution - A claim for unjust enrichment - A cohabitation property dispute You do NOT need to “sue” immediately — sometimes a simple attorney letter is enough to force a fair settlement. 4. What your boyfriend said (“you get nothing”) is not automatically true People often assume: “If your name isn’t on the house, you have no rights.” That’s not how property law works in most states — especially when someone contributed financially for years. You have leverage, and you have options. 5. What you should do next Here’s the cleanest path forward: Step 1 — Gather proof of your contributions Examples: - Bank statements showing mortgage payments - Zelle/Venmo transfers - Receipts for repairs or improvements - Texts or messages discussing shared payments or ownership Step 2 — Talk to a real estate attorney A quick consultation (often $100–$200) can tell you exactly what you’re entitled to in your state. Step 3 — Have the attorney send a letter This is often enough to get your ex to agree to: - A fair split of the equity - Reimbursement for your contributions - A settlement before the sale Step 4 — Do NOT walk away without exploring your rights You invested money. You helped pay down the mortgage. You helped build equity. You deserve to be compensated. Bottom Line Your name not being on the deed does NOT automatically mean you walk away with nothing. If you contributed financially — and you did — you may have a legal right to reimbursement or a share of the equity. You just need to document your contributions and speak with a real estate attorney who can help you claim what’s fair.

Jordana Jared ProctorReal Estate Agent6 months ago
Semi-Pro46 Answers

In my opinion, if your name is not on the deed or mortgage, you may not automatically get sale proceeds, but that does not always mean you get nothing. In some states, you can still claim reimbursement if you helped pay the mortgage, repairs, or improvements. Gather bank records, texts, and receipts, and talk to a local real estate or family law attorney right away.

Loodmy JacquesReal Estate Agent6 months ago

If your name's not on the title, legally he's right that you don't automatically get anything from the sale. But that doesn't mean you're out of luck. You might have a claim for the money you put in, but you'd need to prove it (bank statements, Venmo records, texts about splitting costs) and probably take him to small claims court or get a lawyer involved. This is called an "unjust enrichment" claim. It's messy and not guaranteed, but it's your best shot. Document everything you paid and talk to a lawyer ASAP before he sells.

Keith Jean PierreReal Estate Agent6 months ago

This sounds like a conversation to be had with an attorney as there are too many variables for us to give you a clear answer. Did you have an agreement in writing? Did you have a dissolution agreement? Can you prove all the payments you made? These are all VERY important factors in determining your eligibility. Best of luck with your situation. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

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