Can my dad's ex-girlfrend take the house?
My dad and his longtime girlfriend broke up. He bought a house about 2 years into the relationship. She is not on any loan papers, house papers or anything. She is saying she is going to sue him for the house since she was paying him every month for rent. Can she do this? She actually owes my dad a lot of money and he wants to take her to court because he can prove that she owes him but she is saying she will sue and make him sell the house and she will get half because she should have equity in the home since she paid half the mortgage. This is in California, so there's no common law marriage so my bet would be on no but was just wondering if any lawyers or what not on here thinks she could have a case. thanx
Answers:
No she can't! Even if they were married, and she paid every cent of the mortgage payment, the house is in his name, and it's his. Trust me. After three divorces, I know.
No she cannot take the house. She has no claims legally on the house. The worst she could do is IF she has proof that she paid him rent, he may need to pay taxes on that income.
The key phrase in your question was "He bought a house".
I don't think so.
That would be like a tenant trying to sure their landlord for the building cause they paid rent for 2 years.
No, she is not entitled to anything. In CA, when we speak of community property, it only refers to legally married couples.
California is a no common law marriage state and you're betting on "NO"? LOL ! Is this some kind of joke? : )
She will sue for the house and she will win. The fact that her name is not on the title and loan papers will not help at all.
Your dad may later sue for the loans he made to her if he has a documented proof that she did in fact acknowledged them as loans at the time they were made to her.
She's probably thinking of "palimony" (see Marvin case). This is EXTREMELY difficult to prove. Unless she has any written documents saying he agreed to let her take the house, she can't do anything.
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