Legal Question in Civil Litigation in Massachusetts

I bought a house with my girlfriend. I helped her with the downpayment and still have a home depot bill of about $2500. There was nothing put in writing and because she got the first time buyer credit, we had her buy it on her own. I have since left and I was wondering if I could go back to her for any money put into the house?

Asked on 10/22/09, 7:10 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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You have a potential legal claim in equity for unjust enrichment. Whether it is worth pursuing depends on how much you put into the house overall, versus the cost of proving the claim. In addition, you will have to figure in the possible counter-argument which would diminish your return -- what would it have cost you to rent on your own for the period of time you resided together?

In addition, you need to be very aware that the case law greatly limits such claims. In Massachusetts there is no "divorce-like property division" for couples who were unmarried. the courts reason simply, "If you want the benefit of the divorce statute's more open property division law, you -must- have taken the very first step toward divorce -- marriage." Nothing less suffices.

Answered on 10/27/09, 8:26 am

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