Legal Question in Civil Litigation in California

Oral Promises (living together)

Thank you for reading and answering my question--I appreciate your time. I'd like to know whether the following oral promise(witnesses)would be worth my time in court. For 4+ years, my two children and I have shared a household and lived with a man (who is a police officer and has a JD)who now no longer wishes to live with us. Because we planned to buy a house together,and live together, and since he makes triple what I do, and had a better credit rating, and could get to the goal quicker than I, and because my family (me & the kids)occupied more than half of the household, we agreed to certain living arrangements. One being, that he would pay less than half of the rent for the years we rented so that we could afford a house. When the time came to buy the house, he decided that he no longer wanted to jointly purchase the home. He said that he needed the entire tax writeoff, he solely purchased a house for all of us to live in. He decided that everything I owned was too crappy to move into our new house and that he wanted to purchase everything new. We gave it all away and also give him the tax credit slips for the write-offs. He always promised that if it didn't work out that he would take care of us. Now, we have nothing.


Asked on 4/29/04, 12:49 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Oral Promises (living together)

I believe it was Lee Marvin that helped create what is known in California as palimony. Need to speak with qualified attorney re possibilities re your set of facts.

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Answered on 4/30/04, 2:32 pm
Terry A. Nelson Nelson & Lawless

Re: Oral Promises (living together)

You are trying to enforce an oral contract that will likely to disputed. IF you paid part of the new mortgage payment, you may have a cliam to part interest in the house. Get a good attorney and prepare for a fight. Contact me if interested.

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Answered on 4/29/04, 2:26 pm


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