Can i sue my girlfriend for deception for gain? used my income to help secure a re-fi loan. lots of equity?

OF HER EQUITY IN THE HOUSE. SHE WAS CURRENTLUY BEHIND ON HER ON EITHER THE 1ST OR 2ND MORTGAGES WHEN I MOVED IN WITH HER. WE BOTH ARE LISTED AS JOINT TENANTS IN THE HOUSE THAT SHE HAS HAD FOR SEVEN YEARS.WE ARE BOTH ON TITLE AND DEED, AND BANK LOAN TOGETHER. NOW SHE WANTS TO BREAK UP WITH ME!! OUR CREDIT IS STARTIG TO GET BETTER, THAT HOUSE HAS GONE UP
A LITTLE BIT SINCE OUR RE-FI. CA. IS NOT A COMMUNITY PROPERTY STATE. IN ORDER TO SPLIT 50/50 PROCEEDS I WOULD HAVE TO WIN SOME TYPE OF CASE AGAINST HER. DO I HAVE ONE?

Answers:
Do you have any record, written or witnessed that you jointly paid for the house. Any other commitment, definitely it should be in writing or witnessed.

DO your own homework first. The ownership deed carries your name, in case of faulty payment schedule if you are equally responsible then you are equally rewardable too. In case she has not asked you for any CAPEX sharing earlier, that is her fault.

Provided, you have to agree too -leaglly that is, for her to sell the house. If that deed gives you the right then she cannot keep you out. In fact did you share any or part of the equity, and have record or receipt to show for it? If yes, then it is an open and shut case. She will loose more money than you even by going to court, she had waited long for this and now it she pays a price with a premium.

Otherwise, you have no say/no record whatsoever, just remember that the cost of 1.5" of patch and two moons was that much and hope you got your moneys worth.
Deception No! Sue? Yes

It sounds like you have received legal advise. Your statements are clear she was not misleading or making you believe things that were not true. So no deception unless it is you. You don’t state how long you have been in the picture. Are you paying this mortgage or have you ever paid any part of it?

If you are on the 1st trust deed and owners in common you could sue her and force her to sell. Pay an attorney to look at the papers. Have them quote a figure you can expect to get and his fee to sue her.

California is a community property state i.e. property belonging jointly to spouses. Property owned before marriage is not community. There is no common law marriage but there are other laws that are deeper.

In a force sale on TV the guy had to live somewhere else and ordered by the court to pay the total joint mortgage until the home was sold. In addition, the court ordered only a split in equity since the date of the loan.

If, you have a hard time finding an attorney to except the case think of the word deception and ask yourself these questions: (1) How long have I been counting on 50 % of my girlfriend’s 7 years equity? (2) Doesn’t she want me anymore because I want fifty percent of all the proceeds? (3) After paying the attorney did I get anything worth bragging about. Good luck

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