Legal Question in Civil Litigation in California

Re: Boyfriend Never Put My Name On The Deed

Pursuant to the Statute of Frauds, all real estate transactions must be in writing. However, there are exceptions and your actions may prove to fall into some of the exceptions providing that you are able to prove the following:

1. That you did in fact pay money towards the remodeling of the house.

2. That you contributed towards the upkeep of the house,

3. That you did pay 1/3 towards the down payment, and finally,

4. That your ex did have the initial intent to add you to the deed as you were writing checks.

However, I do see a problem right off the top...you state in your question that your ex paid you back a small portion of what was paid into the remodeling. If you accepted the money, this can be construed as a loan and not ownership. These types of cases are very fact intensive and require a lot of evidence in order to prove that you actually do own part of the home. Plenty of questions will be raised by your ex's attorney. I can think of a few already.

If you would like further assistance, please feel free to contact my office at, 818.385.0520.

Re: Boyfriend Never Put My Name On The Deed

You have two years from the breach to sue for an oral agreement regarding repaying you for your expenses. Since you lived there, your contribution toward the mortgage could be considered rent so it's likely you wouldn't be able to recover that. You might claim in equity a portion of the house's increased value but you have no ownership rights since the statute of fraud requires a writing for real property transactions.

Re: Boyfriend Never Put My Name On The Deed

There will be a legal fight, but if the facts are as stated, you can pursue a suit for breach of agreement and fraud for the purpose of getting your 'fair share' of the value of the house based upon your investments, and/or return of your money. You will have to be able to prove your investments [cancelled checks] and other statements. You are essentially seeking a property division similar to a divorce. I would be happy to help you; call to discuss.