Legal Question in Family Law in Minnesota

Re: Domestic Partner breakup - property division

You have what we call an unjust enrichment claim against your former partner. This gives you a claim against him or her for the value of your contribution to the house.

This is an area of Minnesota law which has gotten pretty convoluted. There is a statute which says that the mere fact that one lives with someone as part of a sexual relationship creates no claim at all. It was originally thought that this statute would block a claim such as yours. It was a statute similar to many passed around the country in the 1970s after the Lee Marvin case, where a former girlfriend of the movie star obtained an order for "palimony." Statutes such as we have are called anti-palimony laws.

But it wasn't long before cases where the injustice was extreme got to the appeals court, and the court got busy carving out exceptions to the rule. They trotted out an old common law theory: unjust enrichment. If it's unfair or unjust for your partner to get the house free and clear after all that you have put into it, you can pursue this type of claim.

Disclaimer: This is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of the attorney of your choice concerning the details of your case.