Results 1 to 8 of 8
  1. #1
    Join Date
    Nov 2019
    Posts
    1

    Default Rights when Dissolving Cohabitation

    My question involves marriage law for the State of: Missouri

    My male partner and I who both own our own homes but have chosen to live in his state and his home are splitting. I have done considerable work to his property that has increased his property value inside and out. I have proof of all purchases and work done. I also have proof of every purchase to support this household as well as my own. Bills paid things purchased etc. Additionally I have installed things that would be difficult to remove, security system, light fixtures etc. I am unsure where I stand as far as reimbursement or what my rights are? I know generally without written proof of work it's considered a gift. Please if you're offering your nonlegal opinion or nonsupported opinion please don't, you can understand this is a tough situstion without gossip or judgement.

  2. #2
    Join Date
    Nov 2013
    Posts
    6,499

    Default Re: Rights when Dissolving Cohabitation

    For how long have you been cohabitating, do you have any children together, do you own a house? These are just some of the issues that need an answer before we can tell you what the breakup might mean under Missouri law.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,726

    Default Re: Rights when Dissolving Cohabitation

    Quote Quoting Andreammm
    View Post
    My question involves marriage law for the State of: Missouri

    My male partner and I who both own our own homes but have chosen to live in his state and his home are splitting. I have done considerable work to his property that has increased his property value inside and out. I have proof of all purchases and work done. I also have proof of every purchase to support this household as well as my own. Bills paid things purchased etc. Additionally I have installed things that would be difficult to remove, security system, light fixtures etc. I am unsure where I stand as far as reimbursement or what my rights are? I know generally without written proof of work it's considered a gift. Please if you're offering your nonlegal opinion or nonsupported opinion please don't, you can understand this is a tough situstion without gossip or judgement.
    Google: unjust enrichment Missouri elements

    You will get lots of resources that will help you understand whether or not you would have a case for unjust enrichment. What you would be trying to claim is that he is unjustly enriched by the money that you put into to his home that increased its value, and that you deserve compensation for that. You may find that you cannot get anywhere with it, but researching that topic is likely your only potential chance.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,272

    Default Re: Rights when Dissolving Cohabitation

    Quote Quoting Andreammm
    View Post
    Please if you're offering your nonlegal opinion or nonsupported opinion please don't, you can understand this is a tough situstion without gossip or judgment.
    Having proof that you contributed monetarily to the household might be remotely helpful. But, in the absence of a provable contract addressing monetary reimbursement should you split up (like a pre-nup for married people) you contributions may still be considered gifts.

    My guess is that there was never even any talk of reimbursement while the relationship was going well, so you can't even prove a verbal agreement.

    Now for the "legal" stuff:

    Palimony is the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. Missouri does not recognize palimony. However, an ex partner may have other ways to get money or property from an ex-lover. Lawsuits in regard to this are legal but are "rarely brought." Cohabitation agreements will provide protections in regard to this.
    https://en.wikipedia.org/wiki/Palimo...s#cite_note-98

    For further "legal" information read Brooks v. Kunz which involved (among other things) property held by both parties by deed. Is spite of deeded ownership the court remanded the case back to the trial court to seek evidence of the contribution of Brooks.

    https://scholar.google.com/scholar?h...palimony&btnG=

    Once you have read that, read the 27 subsequent cases that cite Brooks and see if the decisions of those cases help you any.

  5. #5
    Join Date
    Oct 2006
    Posts
    15,726

    Default Re: Rights when Dissolving Cohabitation

    Quote Quoting adjusterjack
    View Post
    Having proof that you contributed monetarily to the household might be remotely helpful. But, in the absence of a provable contract addressing monetary reimbursement should you split up (like a pre-nup for married people) you contributions may still be considered gifts.

    My guess is that there was never even any talk of reimbursement while the relationship was going well, so you can't even prove a verbal agreement.

    Now for the "legal" stuff:



    https://en.wikipedia.org/wiki/Palimo...s#cite_note-98

    For further "legal" information read Brooks v. Kunz which involved (among other things) property held by both parties by deed. Is spite of deeded ownership the court remanded the case back to the trial court to seek evidence of the contribution of Brooks.

    https://scholar.google.com/scholar?h...palimony&btnG=

    Once you have read that, read the 27 subsequent cases that cite Brooks and see if the decisions of those cases help you any.
    Those are good points but I really don't see this as being a potential palimony issue. They both have assets and it doesn't appear that any promise was made to provide the OP support. It doesn't hurt for the OP to do the research you suggest but I think that in the end, the "unjust enrichment" argument has more potential than anything else. Even then, it could possibly be somewhat slim potential.

  6. #6
    Join Date
    Mar 2013
    Posts
    17,272

    Default Re: Rights when Dissolving Cohabitation

    Agree.

    Either way, though, it underscores the lesson that you don't put money into somebody else's house.

  7. #7
    Join Date
    Oct 2006
    Posts
    15,726

    Default Re: Rights when Dissolving Cohabitation

    Quote Quoting adjusterjack
    View Post
    Agree.

    Either way, though, it underscores the lesson that you don't put money into somebody else's house.
    Absolutely. That is about the most foolish thing that someone can do. Sharing expenses is fair and reasonable, and even putting some minor physical labor into someone's home is not a bad thing to do, but putting actual money into improving it is very foolish.

  8. #8
    Join Date
    Jul 2018
    Posts
    1,775

    Default Re: Rights when Dissolving Cohabitation

    Your post contains no question (the sentence that ends with a question mark isn't a question), but you're not entitled to anything unless you had an enforceable agreement to that effect.

    1. Sponsored Links
       

Similar Threads

  1. Business Issues: Dissolving LLC and Properties
    By soneal in forum Business Law
    Replies: 1
    Last Post: 07-02-2008, 05:50 AM
  2. Dissolving a Right of Way
    By dak in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-27-2007, 09:45 PM
  3. Property Rights After Long Cohabitation
    By shoptech in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 08-09-2007, 11:59 PM
  4. Legal Rights Regarding Cohabitation
    By JReality in forum Marriage, Cohabitation and Civil Unions
    Replies: 1
    Last Post: 11-01-2006, 01:27 PM
  5. Business Ownership: Dissolving a Partnership
    By Lilcherry in forum Business Law
    Replies: 1
    Last Post: 09-26-2005, 08:11 AM
 
 
Sponsored Links

Legal Help, Information and Resources