Can I put a lien on my wife’s boyfriend’s house if he took money from her?

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Can I put a lien on my wife’s boyfriend’s house if he took money from her?

My wife had an affair for over 2 years. She doesn’t work. The person she was out with knew she didn’t work. He accepted gifts from her knowing I was paying for them. I invoiced him for the $23,000 and told him to keep the wife. He hasn’t paid and dropped the wife. I was paying for her to live and he was reaping the rewards.

Asked on October 17, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Interesting question. If the person that your wife had an affair with received benefits from your wife worth approximately $23,000 where you were the sole breadwinner who made the money to pay for these gifts, under California's community property laws, you would be entitled to one-half of the value of such items either from your wife or possibly the boyfriend.

The rationale for you possibly being entitled to half of the value for what was given is based upon the fact that the person with whom your wife was having an affair with knew she was married and not working. Presumably he knew that you were paying for the gifts and what he was doing with your wife was morally wrong.

I recommend that you consult with an attorney experienced in contract and collection law.

Good luck.


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