Legal Question in Real Estate Law in Nevada

Real Estate

I bought a home while I was dating my ex-girlfriend. When we broke up I allowed her to live there. She pays me the mortgage which I in turn pay to the bank. She is not on the deed or the mortgage. I am ready to take my house back. I've asked her to leave. She claims that she has legal rights to live in this house. She says a lawyer told her that she has a solid case against me and that she has legal rights to my house. As far as I am concerned she has been a renter on a month to month lease. No other terms were put into writing. She also put a new heating system in my home without my permission. Will have to pay her for the ''unauthorized upgrade?'' Does she have ''rights of ownership to my home?'' I have not lived there in 4 years.


Asked on 9/21/07, 5:47 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Real Estate

I just read about a case where a woman who lived with a man was awarded over $1,000,000, because the court found that there was an implied joint venture in them living together. Nevada follows the same law as California based on the Lee Marvin case. Nevada is not a title state. Your girl friend is entitled to one half the increase in equity from the time she moved in until she moves out, or you give her 30 days notice to move out. You would be entitled to the remainder of any equity and the house itself.

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Answered on 9/21/07, 6:15 pm
Adam Breeden Breeden & Herbe, Ltd.

Re: Real Estate

It is true that Nevada does not necessarily follow title in showing ownership. In some cases, an unmarried couple can develop property rights similar to married couples. But these cases are fairly limited and difficult to prove.

I would want to speak with you to get more factual information. It hurts you that there is no lease in writing. However, it would be your girlfriend's burden of proof to show that the relationship is something other than a lease.

If you want her out, try to evict her like a tenant and put the onus on her to prove that she's something other than a tenant. Contact me if you have other questions or if she files suit.

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Answered on 9/23/07, 3:17 pm


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