Legal Question in Real Estate Law in Virginia

Claiming rights to property based on claim of 'Oral Partnership'

My significant other and I were living together in a house which I purchased (my name on mortgage and equity). Recently we broke up and he has filed a complaint indicating that we had an oral partnership and through that partnership he is entitled to 50% of the gains of the house. He paid me monthly payments which I considered rent equal to 50% of the mortgage/equity cost. On Settlement, his mother (also my real estate agent) did not take her commission on the house approximately $5700, she intended this to be a future wedding gift (we were not and never were engaged to be married). This shows up as a credit on the settlement sheet. Is his claim of a partnership valid? If so, will his claim provide him rights to my house?


Asked on 10/04/05, 9:00 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Claiming rights to property based on claim of 'Oral Partnership'

Oral partnership? I don't think so. Give his mom

her $5700 commission and make sure you have a meticulous record of his rent payments and marshal any other evidence available(whether documentary or testimonial)that this person was nothing more than a renter during the time he was occupying your premises.

You may need the services of counsel in order to respond adequately to the complaint and get this matter dismissed which I assume was filed on the equity(rather than the law) side of

the court.

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Answered on 10/04/05, 9:23 am


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