Legal Question in Family Law in Minnesota

renters agreement

My questions concerns the living arangement between me and my ex-girlfriend. She bought a townhouse and a few months later I agreed to move in. We made our own contract stating that if one person ever left, the other person would either have to buy the other person out or sell the property and divide it as stated in the contract. We both signed the contract and had it notorized. Now that I have decided to move on, she says the contract is not a valid, legal document. What exactly makes an agreement ''legal''? I wasn't aware at the time, but I now know that her father is a co-signer on the home loan she needed to purchase the townhouse, she said that since he didn't sign it, it's not valid. I have been told by other people that since he is only a co-signer, he has no legal right to void the contract. My name is not on anything related to the home ownership, we were going to have my name put on the mortgage but thought we would save the additional closing costs and just make a contract.


Asked on 4/13/02, 1:33 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: renters agreement

Cohabitation agreements are enforcible in Minnesota after the couple breaks up under Minnesota Statutes Sec. 513.075. She can't void the contract. The cosigning complicates things but does not void the contract.

We also have a body of law commonly referred to as the "palimony" cases. Under these cases you may have an unjust enrichment claim based upon your contribution to the equity in the house. If her father is part owner, then the claim is against both her and her father.

Pursuing this will be messy and expensive. If I were you I wouldn't bother unless a lot of money was involved.

Good luck.

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

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Answered on 4/15/02, 11:23 am


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