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?

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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 8 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 8 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.


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