Legal Question in Real Estate Law in North Dakota
In 1999, my girlfriend and I moved in together. We rented a house from October 1999 to February 2001. The house was rented in her name, she paid the rent and I gave her a check for half. Also in 1999, I was divorced in April and shortly thereafter filed for bankruptcy. In 2001 we decided to purchase a house together. We looked for a house together and picked a house out together in Jamestown, North Dakota. Because of my recent bankruptcy, the house we purchased was also put in her name. She had a much better credit rating than I did. Again, she made the house payment and I paid her for my half of the house payment. On each of the checks I gave her, I wrote house payment on the memo line. From February 2001 until early 2007, I paid her around $22,000 toward the house. In 2007 she quit cashing my checks. Shortly thereafter, I quit writing checks to her because I couldn't have a bunch of uncashed checks out there. Now, in 2010, she decided she wanted me to move out and end our relationship. The relationship is beyond salvaging at this time. I have put other money into the house, I built a deck onto the house, I purchased an oak border for the kitchen cupboards, I paid half on new doors we purchased for the house and installed them last summer(2009). My question is, do I have any legal right to the money I gave her for half of the house payment, or any other money I invested in making improvements to the house? There was never any written agreement between us. Thank You ............ dan
1 Answer from Attorneys
I have pasted below the portion of North Dakota Law which I believe will prohibit you from suing your EX for the money you put in the property. You might be able to make an argument that you were in a partnership and are thus entitled, but I would guess a Judge will determine the below statute trumps.
If you were in my office I would decline to represent you because I don't believe there is anything that can be done.
(Note this statue is the exception, most contracts can be oral)
9-06-04. Contracts invalid unless in writing - Statute of frauds. The following
contracts are invalid, unless the same or some note or memorandum thereof is in writing and
subscribed by the party to be charged, or by the party's agent:
3. An agreement for the leasing for a longer period than one year, or for the sale, of
real property, or of an interest therein. Such agreement, if made by an agent of the
party sought to be charged, is invalid unless the authority of the agent is in writing
subscribed by the party sought to be charged.
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