What are a joint tenant’s rights to sale proceeds?

UPDATED: Sep 29, 2022

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What are a joint tenant’s rights to sale proceeds?

My mother passed away. She has a house with her boyfriend, as joint tenants. She was able to put a large amount in cash toward the home. He, however, had to get a loan to secure his half. We are now in the process of selling the home. He is stating that he is entitled to 50% of the net proceeds. My mom is nowhere on the loan documents. My family and I are under the understanding that he is entitled to 50% of the gross proceeds. Is there anyone there that can shed a little light on this matter?

Asked on October 9, 2015 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If it was a personal loan and not a mortgage on the home, he may get 50% of the gross proceeds, out of which he should take care of his personal loan. But if it was a mortgage on the home, it must be paid first, and then the joint owners split (he gets 50% of) the net (after the mortgage) proceeds.

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