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

I am gathering there wasn't an agreement in place in case this happened so a lawyer will definitely be essential in this process. They can iron out all your options. Best of luck! Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

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?

Splitting a home during a breakup is always emotionally heavy, but when you’ve contributed more to the initial purchase, it feels especially urgent to protect your investment. While your partner may be pushing for a 50/50 split, New York law often allows for "equitable adjustments" to account for unequal financial contributions like a down payment. If you cannot reach a mutual agreement, you may have to look into a legal process called a partition action. This is essentially a way for a co-owner to ask the court to step in and handle the division of the property. When a property is sold this way, the court typically orders an "accounting" to ensure the money is divided fairly. In many New York cases, judges will grant credits or offsets to the person who paid the down payment, mortgage, or significant improvements, ensuring those funds are returned to them before the remaining profit is split. Because New York is an attorney state, you will definitely need a lawyer to handle the sale of the house regardless of whether you agree on the split. However, if your partner refuses to acknowledge your down payment, you specifically need an attorney who is experienced in real estate litigation or partition. Often, just having an attorney send a formal letter outlining your right to an equitable credit is enough to move the conversation toward a fair settlement without having to go through a full court battle. One question I would ask, was there any written agreement or "cohabitation agreement" signed at the time of purchase that mentioned the down payment?

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.