Legal Question in Real Estate Law in California

the ex and my house

I bought a house in 2002, my boyfriend moved in when i did. His name is not on the title. I am the only one on the title. we share no bills or bank accounts. I put all the money down on the house, and bought appliances.

we are going to break up, can he come back for any money that i make from the house??

It is a fixer and he did do some work around the house...but so did I??


Asked on 5/27/04, 5:49 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: the ex and my house

Very unlikely that a court would award him anything. A court could consider the fair value of his contributed services, but you would be entitled to rent from him for his occupancy, and this would probably more than offset the services rendered. The result could be different if there were a contract between you, or any evidence that you made him a gift. Community-property concepts don't apply to unmarrieds living together, and I assume you were not registered as domestic partners under the new law.

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Answered on 5/27/04, 9:30 pm
Michael Olden Law Offices of Michael A. Olden

Re: the ex and my house

You have to sit down with an attorney who is tax-deferred at real estate/litigation and explain the of the whole situation to him/her. A simple question is not going to do it. So you know the answer is yes. But that's not really the answer so find an attorney who is knowledgeable, expertise Re: or real estate law and litigation so that your bases are covered and you are fully explained what your rights, duties and liabilities are. I assume nothing was in writing which basically is not in your best interest. What we thinking. You let somebody moved into a house with you, under some arrange to play on which probably was not consistent any wonder whether or not he can come back for money at some point in time. In the same way that you have to have an agreement to purchase a house you basically have to have an agreement with "the boyfriend". Now you can not write up an agreement and then when everything goes to hell you're stuck behind the eight ball. Or you could have had an agreement written which defines numbers of factors in his relationship with you and the house. I've been practicing law for over 30 years in the San Francisco Bay area. Yours is not a unique situation and I will probably come across it numbers of times more before I ever retire. If you wish to contact me and sit down for a consultation please call me at 925 -- 945 -- 6000.

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Answered on 5/28/04, 11:48 am
Donald Holben Donald R. Holben & Associates, APC

Re: the ex and my house

I've heard stranger things, however, I doube he would be successful. Contact attorney if problems actually arise in this regard.

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Answered on 5/28/04, 1:03 pm


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