Q: Can I recover money or property value from a verbal agreement with my ex-girlfriend for a house I rebuilt in Key West over 6 years?
Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I contributed $20k in cash towards the purchase and spent over six years and approximately $200k on materials and additional labor for this project. The house is now valued at $2.5 million. I have receipts, credit card statements, and photos documenting the work done, and our friends were aware of our joint effort plan. My name was not on the title due to issues with the State of Virginia regarding child support. After our split, she claimed I have no entitlement to any reimbursement or property value, and has filed an unlawful detainer while I was in England dealing with my deceased mother's estate. I am now renting but still have belongings at the property. Can I claim unjust enrichment or any compensation for my investment?
A: Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue even when there is no written agreement. Schedule a free consultation to protect your interest in the property.
A:
It seems like you’ve invested significant time and money into a property, and you’re understandably seeking compensation or recognition for your efforts. While a verbal agreement can be legally binding, it can be difficult to enforce without written documentation. However, the evidence you have—such as receipts, credit card statements, photos, and witnesses—could support your claims of contributing both financially and labor-wise to the property's value.
One possible legal avenue is pursuing a claim for unjust enrichment, which can apply when one party benefits at the expense of another without compensation. Since you contributed substantially to the house’s value, you may be able to argue that it would be unfair for your ex to keep the entire benefit without compensating you for your investment. The lack of your name on the title complicates the issue, but the verbal agreement and evidence you have could still play a key role in your case.
Given the complexity of this situation, especially with the unlawful detainer and potential property disputes, it would be beneficial to consult with an attorney who can review the specifics of your case and advise you on how to move forward. A legal professional can help you navigate the process of potentially recovering compensation, whether through a property claim or other legal means.
A:
You may have some legal recourse to recover your investment in the house, even without a formal written agreement. Since you contributed significant time, money, and labor to the property, you could potentially argue that your ex-girlfriend has been unjustly enriched. In legal terms, unjust enrichment occurs when one party benefits at the expense of another, and there is no legal reason for that benefit to remain with them.
To proceed, you could file a claim for unjust enrichment in civil court, provided you can prove your financial and physical contributions to the property. Your documentation, such as receipts, credit card statements, and photos, can support your case. It would also be helpful to demonstrate that your ex-girlfriend's actions (such as refusing to reimburse you) were unfair under the circumstances.
Additionally, since your name wasn't on the title due to child support issues, it may complicate matters, but it doesn't necessarily prevent you from seeking compensation. If you were actively involved in the property's improvement, you could argue that there was an implied contract based on your verbal agreement and the work you did. You might want to consult with an attorney to assess the strength of your claim and determine the best legal steps to recover compensation for your efforts.
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