Legal Question in Real Estate Law in California

Re: What compensation & damages can I expect from a greedy ex lover?

Get into NA or AA and get out of your relationship with the guidance of a sponsor in program. You can get help with your legal situation, but, without getting clean and sober behind a solid program, it won't help much. Call me if you want assistance along these lines.

Re: What compensation & damages can I expect from a greedy ex lover?

There are three or four legal principles or procedures that could come into play in straightening out your situation.

First, when two cotenants cannot agree on use and management of their property, the legal remedy is an action for partition. Traditionally, a partition action asked the court to divide a farm or ranch between, for example, heirs. Nowadays the properties involved cannot as a practical matter be physically divided, so courts do the next best thing--order them sold and the net proceeds divided.

Since you are joint tenants, you two necessarily have 50-50 legal ownership. Nevertheless, the court, acting on evidence and the recommendation of a referee, can divide the proceeds other than 50-50 if that is equitable.

Next principle is 'purchase money resulting trust,' a doctrine that says when X buys property in his name with Y's money, X takes title as trustee for Y, and Y is entitled to ownership upon demand. Exceptions arise if X and Y had a contract specifying otherwise, or if it can be inferred that Y was making a gift to X. Purchase money resulting trusts also arise when, for example, X and Y take title as 50-50 cotenants (either as tenants in common or as joint tenants), but Y has put up 75% of the purchase money (down payment).

"Sweat equity," interest taxes and maintenance, and the rental value when one co-owner lives on the property and the other doesn't may be considered by the referee or court in a partition, but their impact on the outcome may be less than one might expect.

The third set of legal principles applicable would be partnership law. It would govern the rights and duties with respect to the former business, including your rights in dissolution. Partnership law might also affect some of your real-estate dealings, since family law doesn't--what can't be community property may be partnership property.

Finally, there may be some fraud or undue influence that can be proven. Unless a fair amount of the parties' dealings are in writing, or there are excellent witnesses, proof is difficult.

Most matters of this kind settle through mediation or negotiation relatively soon after a lawsuit is filed and trial is frequently avoided.

Re: What compensation & damages can I expect from a greedy ex lover?

A partition action may be commenced regarding the real estate. If it hasn't been too long ago, you may still have a dissolution of partnership action. Don't let him pressure you, get what you deserve, call me directly at (619) 222-3504.