Legal Question in Real Estate Law in California

Re: Is live-in girlfriend entitled to equity from boyfirend's home?

Probably not unless she could establish there was an agreement to that effect.

Re: Is live-in girlfriend entitled to equity from boyfirend's home?

A judge may decide she is entitled to repayment of a portion of her payments, however, as an occupier of the home, entitlement may be reduced by an amount for rent. Need more info. If you wish to discuss, please call and we can discuss further. Don Holben 800-685-6950

What was your agreement.

Re: Is live-in girlfriend entitled to equity from boyfirend's home?

this is a complicated question based upon a simple set of facts. your question raises numbers of questions before i could give you advice. first it depens on what was agreed to either in writing or orally. additionally the law in this situation can become very complicted depending upon her claims and the evidence she has or doesn't have to back them up ---- i have dealt with this in the past and am in n. ca so if you wish to discuss this with me 925-945-6000

Re: Is live-in girlfriend entitled to equity from boyfirend's home?

No interest in the real property would inure to an unmarried partner in the absence of a written agreement to that effect unless the circumstances were SO extreme and unusual that something called an "estoppel" could be pleaded by the girlfriend.

Unmarried couples living together are treated by the courts (largely since Marvin v. Marvin changed the thinking re "palimony" and whether such arrangements were immoral and thus not deserving of the courts' assistance) pretty much as business partners. Ordinary contract and partnership law principles are applied, unlike the situation with married couples where one spouse can get a so-called "pro tanto" equity interest in a once separate-property house.

So, I think a lawsuit is unlikely, and if one were brought, the court would order damages and/or restitution based on netting out the money put in and the benefits received by each partner. Money paid on a mortgage would be one factor, fair rental value of the non-owner's use would be another, and finally the court could consider maintenance work done, household chores division, the parties' written and unwritten understandings, and so on, but the partner who isn't "on deed" and made no contribution to the down payment won't be awarded equity in the house, just reimbursement of her or his net cash position.

Re: Is live-in girlfriend entitled to equity from boyfirend's home?

The answer depends on what agreements you had with the girlfriend. There are several issues involved, including whether there was a "Marvin Agreement."

You need to consult an attorney to discuss your specific facts.