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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9414
Experience:  since 1983
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Is there a statute of limitations for a palimony claim? I am

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Is there a statute of limitations for a palimony claim? I am in CALIFORNIA
I was just "invoiced" from an ex for the ten years we were together. Says I owe him a bunch of money but "will take a lesser amount" now so we don't have to go to court.
We had no written agreements.
An oral agreement was said by me that he was moving into my house ( i am on title and mortgage NOT him) and that if we split I was not giving him half or moving out or selling.. He proposed and I said when he could put onto the table at least what I have, but not until then.
He says i said I said i'd give him half.
I feel like it is extortion.
Up until now we have been amicable.
Now he has a girlfriend
He paid rent to me while we were together..He is saying he paid 50% mortgage.
California has a 2 year statute of limitations on oral contracts, under Code of Civil Procedure § 339. The statute runs from the date of the alleged breach of contract.

"Palimony" is a bit of a misnomer.

I hope this information is helpful.
Customer: replied 4 years ago.
he has absoulutely no recourse and cannot come after the appreciation of my house. we split up OCT 2010.
He moved out. Although I allowed him to stay on my telephone plan until contract expired and his car insurance was on my policy until the policy was up
the statute of limitations has expired, assuming the alleged breach took place the day he vacated. That is usually the date of the alleged breach of this type of contract.
Customer: replied 4 years ago.
DO i need an attorney to tell him this or should I just not respond to the emails? How do I make him stop sending me threatening letters?
He has come on to my property and taken something that he says he owned but that I actually bought from him. BUT he never gave me paperwork. so he says he still owns it.
You might send him a letter stating 1- there was no agreement to share ownership of any property and 2- even if there was, the Statute of Limitations has expired.

A letter from an attorney usually has more impact, but a letter stating that any future harassment will be reported to your attorney would be almost as strong.

Either way, hopefully your letter might motivate him to speak with an attorney, who will tell him the SOL on his claims is 2 years.

I hope this information is helpful.
N Cal Attorney and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you.
Is there a statute of limitations for mis judging someone character? haha
have a nice evening. I can sleep now and not worry about this anymore.
I am glad I was able to set your mind at ease.

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