Can a person who helped pay his girlfriend’s mortgage sue for that money when relationship ends?

UPDATED: Sep 30, 2022

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Can a person who helped pay his girlfriend’s mortgage sue for that money when relationship ends?

A friend of mine has helped pay his girlfriend’s mortgage for the last ten years they paid it off early. The relationship is on the rocks and I would like to know if there is a way for him to recoup that money?

Asked on July 24, 2017 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He can only sue for the money if there had been a written agreement requiring her to repay the money at some point or under some conditions, and those conditions have been met. In the absence of a written repayment agreement, the law would consider these voluntary payments made by him to have been gifts to her and he has no right to get them back (a gift, once given, may not be ungiven).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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