Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My boyfriend of 13 years and I moved in together 5 years ago. He had a drug problem that I wasn’t aware of. My name was not on the mortgage. He was foreclosed on but never told me and he cleaned out the bank account and moved out. I have lived in and paid the upkeep, and all bills, leading up to the foreclosure and move out date. Am I entitled to any cash from the house? He is no longer living in the house, but he owned it until they foreclosed. He says he signed a settlement with the bank for cash and that I am not entitled to anything because he owned the house before they foreclosed. What are my rights?
You should consult an attorney to discuss options available to you under your local laws. Was your name on the title of the house? If so, you were an owner (though not a borrower), and may be able to pursue a share of the cash settlement. You say you paid all of the bills. Does this include mortgage payments? If it did, you may be able to argue that you and your boyfriend had an implied contract, and you may be able to claim some of the settlement. Finally, if your state recognizes common law marriage and you and your boyfriend’s relationship can qualify, you may be able to pursue him for a share of the settlement of the house. These options may allow you to claim some portion of the settlement, but depending on how much the settlement was, it may cost more to pursue a claim than what you would actually win. Again, a local attorney will be able to advise you as to what your options are, how realistic they are, and how much you may actually walk away with.
