Can ex-boyfriend sue me for part of the equity in the home if he is not on the mortgage or deed and win?

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My ex-boyfriend is sueing me for half equity in my home. He wants reimbursed for all the work he put into the house. We were together 6 years and he is trying to say we were together 7 years . I have proof that it was not 7 years. I do not know if Arkansas is a community state or not.The problem is that we had a shared bank account and he is taking all bank records to court proving that we paid for everything together when remodeling the house.I bought the house in my name only with a 100% loan from the bank and never put him on the deed. Can he actually win this court case?

  1. Reply
    February 12, 2011 at 9:47 pm

    Highly unlikely he would win unless you two were married. Even then it depends on how title was taken. In your case, it sounds like you took title as a single, unmarried woman (never married). If this is true, he has no legal rights or responsibility to the property. Even if he were on the mortgage, it would not matter as a title deed and mortgage note are two separate legal documents.

    The only thing he could do (if he was licensed contractor or owned a business) is put a mechanic’s lien on the house. If that were to happen, it just means down the road if you were to sell your house he could request payment for work done. He would also need to prove there was a written contract between you and him.

  2. Reply
    Expert Realtor
    February 12, 2011 at 10:28 pm

    Let him sue you, he can’t win.

    You are not legally married so there is no “community” property to it. Doesn’t matter if you had a shared checking account or not.

    The courts will treat this like a business transaction with some consideration toward the fact that you were in the relationship. They are not going to treat your break-up like a divorce…he’s crazy if he thinks they will…courts don’t deal with “almost marrieds”.

    He’s wasting his time.

  3. Reply
    February 12, 2011 at 10:58 pm

    He may not have a strong case, but I do want you to consider what kind of work he put into the house. If this is just mowing the grass, painting, that sort of thing, he may not have a case. On the other hand, if it’s major remodeling, he has increased the value/sellability of your house, and should be recompensed for his work. Morally, if not legally. Just something to think about, in case you want to be the bigger person.

  4. Reply
    February 12, 2011 at 11:26 pm

    He doesn’t stand a chance. You were never married, never placed him on the deed. Arkansas is NOT a common law state, you can shack up for 50 years and it is still just that. He is not entitled to anything that is yours.

  5. Reply
    Chicago Poop
    February 13, 2011 at 12:17 am

    Probably can’t win but he could cost you a fortune and time in legal fees. Offer him like 5k to sign somethign to leave it alone forever.

  6. Reply
    Leo F
    February 13, 2011 at 12:50 am

    He will lose and he has no rights to your property, 6 years or 10 years.

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