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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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Two tears ago I separated from my unmarried partner of nearly

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Two tears ago I separated from my unmarried partner of nearly ten years. We lived together for seven in my house. I supported her for nearly all of that time. Some of the work she did for me was directly paid in cash. I paid all of our bills for most of that time. In the beginning we shared food costs. When I decided to end our relationship we read Marvin law together and we decided that I would buy a house for her that had a rental space for income. We suceeded with great excitment. I gifted her $50K and she paid me back $50K when she got a first mortgage (the cost of the house was $100K). We worked intensely for months to make this happen. Her mortgage, taxes and insurance were approximately $300/month and she had a rental income of $900/month. The soft landing I had promised.
Now after a year and a half she is filing a Marvin claim unless I pay her $72K. She has given me 30 days. Is it possible she has a case?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What evidence does your ex have that you made express or implied promises to support her? So you did pay for $50k of the house or did she repay that? What grounds is she asserting in pursuing her claim?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

I did say to her about 6 years ago that while I had no plans to leave, if we separated I would make sure she got a soft landing. The only other thing I can think of that might imply a contract is my will which I made a few years ago that left her one of my properties. I paid $100K for the house and she repaid $50K of that when she got a mortgage. That was, I thought, our separation agreement.

She is asserting that she was not recognised adequately for her work on my house and in my architecture practice.

I see. Thank you for clarifying the situation, Don.

It would have been best if you had entered into a written agreement at the time of the purchase which released you from any further claims by her, but her acquiescence to your actions in purchasing the property could be construed as implied consent to your offer of a settlement for any claims she may have.

Also, if the only promise made was that you would provide a soft landing financially for her, that appears to have been fulfilled as well. Absent any other agreements to the contrary, I would argue that you have fulfilled any obligation you had to her. Wills can be changed at any time and only raise an expectation not a legal right, so that would not typically be enough to prove an agreement of anything by itself.

If she worked as an employee for you, then that could potentially raise additional claims though, such as the non-payment of wages. While I would not agree to pay anything more at this time, unless it is minimal to release you from any further claims, I would retain a local attorney who can be prepared to any legal action she may take.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!


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