Legal Question in Family Law in Massachusetts

Financial settlement on home built with fiancee

I have lived with my fiancee for a year. His mom gave us money as a future wedding gift to build an addition onto his existing 900 s.q.home. We have been completing all of the interior work from the basic frame. I have completed approximately 70%. I took a job from home for half of my normal wage to complete the work on the addition. If we split up before we are married, do I have any legal standing for some type financial settlement?


Asked on 4/02/07, 1:50 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Financial settlement on home built with fiancee

Your claim would be in quantum meruit, and perhaps other contract and equity theories. It should be asserted in the Superior Court as a contract matter, so that a jury would hear it. Probate and Family Court does not have the power to award simple damages, and does not adjudicate cases of this type in general.

I concentrate in domestic relations law, and would be happy to cunsult further.

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Answered on 4/02/07, 2:26 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Financial settlement on home built with fiance

Gregory is correct.

The issues are two-fold. The first one is based on an agreement or contract. The second is really based on unjust enrichment. You did not intend the money as a gift, and therefore you would like it back.

If you have further questions or need assistance, contact me.

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Answered on 4/02/07, 2:42 pm


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