QUESTION
i put money into my boyfriends house with the promise he would put me on the deed. When the work was completed he reneged. do i have any recourse?
Asked on Feb 28th, 2025 on Property Law - New York
More details to this question:
i was living with my boyfriend (of 6 years) and we made a deal that if i put the money into the house he has owned for 12 years, he would put me on the deed. When he "changed his mind" after the work was done, things went south He told me he "couldn't pay me" and rather than refinance, he took out a home equity line of credit. We agreed he would pay me 75k so i could leave and get out of a very toxic situation. However, then he said i should "pay rent" while living there. As he had a horrible history of bad credit , i didn't feel comfortable not paying the utilities while i lived there otherwise i could come home to no electricity. I paid internet, electric and propane. we agreed to subtract 1500 per month towards "rent" on top of it. My father had given some gifts to me that are now part of the house. His mother wrote me a check for 55k and said "loan paid in full" but it's not official or legal.
1 ANSWER
Property Disputes Transactions Attorney serving Lake Success, NY
Partner at
Vishnick McGovern Milizio LLP
3 Awards
Hi,
You do have legal recourse to try to recoup what you put into your ex-boyfriend's house. Your situation sounds like a classic example of a constructive trust case....this is a type of equitable remedy a court can impose on your ex providing you with certain rights. There are other potential legal remedies as well, such as unjust enrichment.
As far as the check is concerned, you should provide the following special endorsement "Under protest" and cash the check if you can. At least you would be partially reimbursed for your costs and you can sue for the difference.
Feel free to contact me if you would like to discuss the matter further.
Answered on Mar 03rd, 2025 at 6:06 AM