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| 28 views|Tips & Advice|Updated 1 week 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
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
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.
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.
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.
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.
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.
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.