Legal Question in Civil Litigation in California
my boyfriend and i moved into my son's home which is in my son's name and the home was in process of foreclosure at the time. As a couple my boyfriend and i decided to save the home and my boyfriend made the house payment's. My boyfriend left me and is now filed a civil suit for partition.
Does he have a valid case?
2 Answers from Attorneys
It depends on how that "save" was structured. If he did not acquire an ownership interest in exchange for his payments, then a partition action should be thrown out. Partition is only available between owners of a property. That does not mean, however, that he has no valid case for some form of compensation. Whether he does or not would depend on far more factors than you have provided in your question.
As Mr. McCormick points out, he may have a right to sue for the house payments he made, but he would have to reduce the amount by the imputed rental value.
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