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Partnership Agreement?

I've invested money and put in some construction services in the house that we bought together with friends - Husband and Wife. For various reasons I am not on the title. They are. We want to now sell the house but I want to make sure I get my money back. Would you recommend some kind of recorded partnership agreement? And where do I record it?

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Attorney answers (2)

Reputation Level 11
A written agreement is generally better than a verbal agreement, and a written agreement is required in the sale and purchase of real estate under the Statute of Frauds. In NY (where I'm licensed to practice), you record such things with either the county clerk or the Dept. of State. You might call the California Dept. of State and ask them if they are the correct agency with which to record a partnership agreement, and ask if they're not who is.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.


Reputation Level 8
You do not need a written partnership agreement to have a partnership. However, without a written agreement it becomes hard to prove what your agreement was or even if there was a partnership. Why would you need to prove it to anyone? No matter how good your friends are, when thousands of dollars are involved it is amazing how quickly your understanding of your arrangement changes. Not only does having a written agreement tend to prevent drifting understandings, it helps if you need some authority (courts, mediation, arbitration) to resolve a disagreement on what you meant.

By not being on the title, you are in a very weak position. You probably sense this as you get closer to a sale (which is why you are asking). If you are not on the title, the buyer can give all the sale proceeds to your partners and your partners can give the buyer the property. It will be up to you to try to get your share from your partners after they have been paid. At that point you will have very little leverage, and with no written agreement as well you will have to rely on the good faith of your partners to hand over potentially thousands of dollars. This is almost guaranteed to be a disaster in the making.

I highly recommend you consult an attorney about options for minimizing your risk. While it is attractive to get some thoughts from this board, it is no substitute for attorney representation. These answers are general thoughts about legal principals. Solutions to your particular problem can only come from an attorney you retain to represent you.

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