Splitting with partner. How do I get my share of the house?

You have a few options: one partner can refinance and buy out the other’s share, or you can sell the home and split the proceeds. If things are complicated, a real estate attorney can help ensure your portion is protected and the process stays fair.

Options include selling the home and splitting proceeds, buying out your partner based on equity, or refinancing to remove one name from the mortgage. If you can’t agree, a court-ordered partition sale may be required.

I am sorry to hear that your partnership is not working out Collin. If the property split cannot be resolved between the two of you -- then, unfortunately you should get an attorney involved to protect your interested in the investment. Did you split mortgage payments and household costs? That would entitle them to a share of profit from selling. If you paid the initial deposit -- it is reasonable that $$ should go back to you in the division. Another alternative is keeping the property (if you can afford too) and your partner leaves. Have a value assessment completed (usually an appraisal or Realtor CMA) and calculate appreciation. That amount would be divided. I would also calculate and remove selling deductions before splitting -- like real estate commission and other transfer and closing fees that would be charged if you outright sold. (If both names are on the deed and mortgage -- there will be additional costs in having their name removed.) Selling may be the easiest route...

You should go speak with a Attorney to discuss the issues. Is the Deed in both names?

I would consult an attorney.

I have seen transactions where the split agreement and terms are pre-written with the purchase. If that isn't the case.. you can make an argument about the 50/50 if its entirely your down-payment.. if the relationship isn't strong and easy to coop, then you might have to get a lawyer and so will your ex-partner. Was it an LLC purchase? If so, it might follow the LLC rules of member's precent of ownership. I have done a few of these in the past. some went smoothly and others where relationship were destroyed.