Legal Question in Family Law in California
inheritence money
bought a home with my boyfriend of 9 years, we are tenents in common, He always made more money then me, but both are paychecks went into a joint account and wrote out all the bills and living expences out of that account, He inherited some money and put it into a seperate account under his name only, but transfered some of that money in the joint account to buy things, live a new roof, down payment on a car, new fences and other small things, Now we are seperated and he wants all that money returned to him. I did own a car when I met him, he loved this car so went out and said he bought it for me, we just recently payed the car off with refi money and he wants this all payed back to him, Do we sell the house and split 50/50 and was the car a gift, he says tenents in common means we split all the bills every month, but none of this was discussed when we were in a loving and committed relationship just a few months ago. He is now going broke and the house is going in foreclosure in 30 days, I am living in our motorhome in a trailer park, but he is just not doing anything to move forward on this, just saying that i am robbing him and he is broke and cant pay the bills. what do i need to do?
1 Answer from Attorneys
Re: inheritence money
You should immediately contact a family law attorney. You will have to sue under the theory of Trivolta v Marvin. Then you will have to prove there was an agreement to share. You should have a fairly good chance of proving an agreement to share as both pay checks were placed in a common account. The first action would probably to file a complaint and a request for an order that the house be sold immediately. Unless you act quickly the entire equity in the house will be lost through the foreclosure.