How do I split a property if my partner and I separate?

Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.

Have you and your fiancé discussed whether you'd like this agreement to be formalized as a legal contract (such as a cohabitation or property agreement) and recorded to protect both of you if things go south later on?

That way, we can make sure repayment terms, timelines, and what happens with the condo are all crystal clear and enforceable.

Ok thanks! Just a few more questions. Would you like help deciding on specific repayment terms now — like whether the $26,000 (plus other costs) would be paid as a lump sum, in installments, or only upon a future event — so I can include clear details in the agreement and the quitclaim deed language right from the start?

Understood! So you're just wondering what your rights are here, correct? Also, I really appreciate you using AskaLawyer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we're done.

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.

The short answer? You’re on the right track, thinking ahead. You can formalize an agreement to clarify ownership and repayment, and you can set it up so you ultimately keep the condo and repay him over time. The key is to put everything clearly in writing now before problems pop up later.

That's the short answer.

Here is the long answer:

First, you can set up ownership shares however you want, even if the condo was already bought and the deed was recorded jointly. Right now, you both probably own it as either joint tenants or tenants in common. You could amend this by recording a new deed showing you as 75% owner and him as 25% owner, but keep in mind that’s only useful if you both agree and sign it.

Second, since you already put in about $299,000 and he put in about $26,000, your contribution supports the idea of you having the larger share. But just because you paid more doesn’t automatically give you more legal ownership without a written agreement or a deed reflecting that.

Third, the best move is to draft a formal property and repayment agreement now. You can outline that he transfers his full share to you through a quitclaim deed, and in return, you agree to repay him $50,000–$60,000 in installments. You can also include what happens if either of you defaults on the repayment or refuses to sign.

Try www.contractscounsel.com. It's a site where you have the chance to post a job for free, then lawyers will bid on the job and you get to choose which lawyer and negotiate the price for the job as well. They can draft one for you.

You can write into the agreement that if the relationship ends, you keep the condo, he gets paid what he’s owed, and he moves out. It avoids messy court battles and forced sales down the road.

Since you want to pay in installments, the agreement should list the exact payment schedule (like monthly, quarterly, or when you sell some other asset). You can even add interest if he insists.

Seventh, make sure your agreement includes a clause stating he has to sign a quitclaim deed now, not later. Once he signs, you’ll have full legal ownership and won't risk him changing his mind.

Does that help clarify things? I want to make sure I didn’t leave anything out.

No problem!

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