Am I entitled to any part of the equity or value of work/expenses that I made on a home during the time that my domestic prtner and I were together?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I entitled to any part of the equity or value of work/expenses that I made on a home during the time that my domestic prtner and I were together?
While in a domestic partnership, my female partner and her father eneterd into a purchase of a home. For 2 years, I (through work performed by myself or paid for by me) contributed to the update and increase in equity of the home. Even though I have no receipts, I paid many payments towards the mortgage.
Asked on December 29, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
I agree with the previous answer and would add that if during the partnership community property funds (like either of your earnings) reduced the principal of the mortgage obligation on the property, there may be a right to reimbursement. The relevant cases are called Moore and Marsden. That reimbursement right is called a Moore/Marsden reimbursement.
Best of luck to you.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If there was an oral agreement between you and your domestic partner that the sweat equity that you contributed to the unit you were residing in beyond the fair rental value for oyur occupancy would be part of an equity stake in the property then you have a basis for an equity stake in the property or the fair market value of the work and expenses that you provided.
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 AttorneyPages.com 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.