Legal Question in Civil Litigation in Massachusetts
Question
After living with a person for 16 years and contributing to home improvements etc I was asked to leave and would like to reclaim any gifts given in the 16 years and lien her house for 75,000 even though I have no reciepts.
2 Answers from Attorneys
Re: Question
First, gifts are completed and final once it is given. It cannot be reclaimed as a debt after the fact.
Since there is no such thing as common law marriage in MA, you probably won't qualify for any spousal rights to the home even if you lived there for 16 years unless if your name is on the title of the home.
If you were to bring this case in front of a judge, they'll probably throw it out considering you probably would've paid more in rent at a similar location those 16 years than you would've living together with this person.
Re: Question
I agree with Attorney Cheong. The only way you would be able to reclaim money was if there was an understanding or agreement between the two of you that she would repay you for what you provided. Otherwise, as Attorney Cheong said, a gift is a gift, and you have no right to reclaim it after you've given it away.