Legal Question in Real Estate Law in California

My ex-girl friend moved into my home. She wasn't satisfied with how it looked and decided we should remodel. She spent $70k of her own money to help with the remodel. She wasn't paying rent and this was a way of helping. There was no legal agreement of any kind, that I'd have to pay her back. She left me and now wants her $70k back. What rights does she have?


Asked on 9/01/10, 2:12 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably none. Based on your version of the facts, this was a gift. I'd have to hear (or read) her version to give a really sound opinion as to whether she could make a case in court that there was some kind of understanding to the contrary, entitling her to recover part or all of her outlay.

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Answered on 9/06/10, 2:22 pm

I agree with Mr. Whipple that she "PROBABLY" has none. However in the absence of any written agreement you will be facing a "he said, she said" situation. The good faith improver law would not help her, since there was no mistake she did not own the property. She could probably plead something that would get past the demurrer stage, but without knowing her side of the story I can't see much of a case she could win.

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Answered on 9/06/10, 3:00 pm


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