Shes threatening to sue for equity even though Im the only one on the title. Her sister gave me the down for $10,000 which was paid back. Now my ex is claiming she made mortage payments and other contributions etc. Has anyone ever heard of this. She was evicted from my home after a little over a year of living together. I live in Califonia any help would be great.
2006-11-06 05:16:49 · 9 answers · asked by E 2 in Politics & Government ➔ Law & Ethics
California is not a common-law marriage state; nor is it a palimony jurisdiction.
Unless there is something you haven't said it's hard to see a basis for her claim. If she did, contrary to what seems to have been the case, make contributions towards payment on the house or mortgage, she may have some sort of claim. Otherwise she is blowing smoke.
2006-11-06 05:25:56 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If she kept canceled checks or can somehow prove she helped pay mortgage, she may have some standing, but not much. You could always argue it was more "rent" than anything toward equity. I don't think any judge would grant her part of your home since you are the only one on the title.
I hope you have legal documentation for the down payment subsequent repayment. If I were you, I would get all supporting documents in order so this woman cannot attempt anything funny on you.
I recommend consulting with a lawyer. Most of them will have a consult for free, and it will give you a better idea of what the laws are in your state.
2006-11-06 05:22:26 · answer #2 · answered by Sativa 4 · 0⤊ 0⤋
Does she have proof of the mortgage payments she made? She may be entitled to a percentage of the equity depending upon how much she paid. If you had an agreement with her that she would make mortgage payments and this was not considered "rent" then she is at least entitled to the money back that she put into the house.
2006-11-06 05:22:10 · answer #3 · answered by nquizzitiv 5 · 1⤊ 0⤋
Anybody can sue you for anything. It's the way our legal system works. Prisoners sue the state because they don't like the food they're served in prison. (I'm not making this up!). So - she CAN sue you. Will she win? It's highly unlikely unless she has receipts showing that she paid for the mortgage directly. Otherwise - I think it will just be considered "rent" and she won't have any right to anything. She's probably just ticked off because she was evicted - don't ya think????
2006-11-06 05:51:56 · answer #4 · answered by liddabet 6 · 1⤊ 0⤋
Sorry that you live in California for this matter lol. Anyway, She can be entitled if she can prove she contributed to the household while she lived there. I am sure the lawyers are lining up at your doors because when all is said and done, they will profit the most from this scenario. Good luck dude.
2006-11-06 05:23:58 · answer #5 · answered by al f 2 · 1⤊ 0⤋
I beleive that you can be sued if she has bought items for the house (such as furniture, etc) and still has the receipts. It also depends on the type of judge that you may get as to whether what they want to disperse to each party. Also, if she really wants to be spitefull I'm sure she could or would sue.
2006-11-06 05:24:27 · answer #6 · answered by nurs2005grad 1 · 1⤊ 0⤋
unless she has anything in writing, she has no stand. if you have all the financial records showing you made all payments cancelled checks, bank records (with your name on the account only) of direct withdrawals, loan of the $10,000 and record of full payment on that loan.......you should be fine. she can sue all she wants....but technically she isn't entitled to anything.
what a dumb broad.
2006-11-06 05:29:59 · answer #7 · answered by Bella 5 · 1⤊ 0⤋
If she isn't on the title she doesn't have a chance. Just because she helped pay the mortgage doesn't mean anything. All she did was pay rent.
2006-11-06 05:53:36 · answer #8 · answered by Chris J 6 · 1⤊ 0⤋
Sadly, you are screwed. Sell now and run with the money.
2006-11-06 05:26:58 · answer #9 · answered by Have gun, will travel. 4 · 1⤊ 0⤋