If my ex-fiance and I bought a house together and the down payment was a gift to me from my father’s life insurance,am I entitled to get all that back and then split anything over?

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If my ex-fiance and I bought a house together and the down payment was a gift to me from my father’s life insurance,am I entitled to get all that back and then split anything over?

Asked on July 2, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, there is no entitlement to get the down payment back then divide the rest unless there was a written agreement which the two of you entered into before the house was bought; or if entered after the house was bought, if you gave her something else of value in exchange for agreeing to let you have the down payment back, such as letting her have a vehicle, giving up any legal cause of action or claim you may have against her, etc.. An "agreement" entered into after the fact (after she committed to buying the house) and without giving her anything new of value for it lacks "consideration" and is not an enforcerable contract. And without an enforceable contract, if there are two owners, they each receive half the value regardless of who paid what previously.


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