Legal Question in Civil Litigation in Minnesota
home improvement as a gift
For a while my boyfriend lived with me. During that time he wanted to build a deck. I told him I didn't want it and wouldn't pay for it because I thought we should wait and pay cash. He went out and got a loan for it because he told me he wanted to do it for me. I took that to mean it was a gift since he moved out a year ago and never said anything different. Now he is suing me for the deck. How can I prove this was a gift? My mobile home has always been in my name, though I doubt that matters much.
2 Answers from Attorneys
Re: home improvement as a gift
Minnesota has a "palimony" statute which provides that there can be no financial claim between unmarried parties who live together in anticipation of having sexual relations unless there is a written contract signed by both parties.
I am defending such a claim right now. The statute also provides that the district courts of this state do not have jurisdiction to even hear such a claim.
Thus, you should claim it was a gift. Also, if you and your boyfriend were engaging in sexual relations while you lived together, his claim against you should be barred by the "palimony" statute.
Please feel free to call should you have any further questions.
Jeff Thill
952-512-7512
Re: home improvement as a gift
Interesting question. I suppose it amounts to an unjust enrichment claim.
Gift is a matter of intent. What you can prove depends on what evidence you may have. Check all the old cards and letters from this guy.
Your testimony is evidence too, but some sort of physical evidence to back it up would help.
It would probably pay for you to consult a lawyer (like me 952-544-6356)
Good luck.
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