Legal Question in Real Estate Law in California

2 years after breaking up, my ex girlfriend is now threatening to sue me for half the value of my house that I purchased 9 months before we broke up. The house is entirely in my name and always was. I've made all payments and paid all taxes. We Lived together for a total of less than 2 years, 9 months of it was in my house and she paid me rent. We dated on and off for almost 9 years. There was never any cohabitation agreement, written or verbal. And to boot, I had loaned her 30K in 2005 for a home that was lost to short sale just before I purchased my home, that was never repaid. Does she have any case?


Asked on 5/04/14, 1:21 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It does not sound like she has a case from what you are telling us.

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Answered on 5/05/14, 7:32 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

She would have a sort-of case IF she paid part of the down-payment, based on a not-too-well-known legal theory called "purchase-money resulting trust." Keep my name handy in case you are sued; if so, I'd be pleased to review the suit and discuss your defenses with you ..... but unless she paid part of the down-payment, I'd say there is no basis for a lawsuit.

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Answered on 5/05/14, 4:16 pm
Paymon Bidari Bidari Civil Defense

I agree with Mr. Whipple. Also, if she paid for any improvements, she may be entitled to recover those costs. Otherwise, she has no case.

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Answered on 5/07/14, 1:51 pm


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