Full question:
I cohabitated with a woman in her home for 8 years and vested over $50,000.00 in home improvements, asphalt driveways, pole barns, interior improvements, attached garage with finished loft etc. Plus made mortgage payments for six 1/2 years. Can I recoup any of these costs?
- Category: Cohabitation
- Date:
- State: Minnesota
Answer:
When a couple who is not married separates, the division of property can be complicated, especially in states like Minnesota that do not recognize common law marriage. Minnesota law does not clearly define how to divide property for cohabiting couples. Therefore, it is advisable for such couples to create a cohabitation agreement to outline the division of assets and debts if the relationship ends.
A resulting trust may apply if one partner has invested in the property of the other, suggesting that the property is held for the benefit of the investing partner. Even without a formal trust, a court may recognize a resulting trust if there is evidence of intent to create one. Similarly, a constructive trust may be imposed to prevent unjust enrichment, which occurs when one partner benefits at the expense of the other.
Unjust enrichment is based on the idea that one should not profit unfairly from another's contributions. If you made significant improvements or payments, you could argue for restitution based on these principles. Courts typically require evidence of unjust enrichment before imposing a constructive trust, and each case is assessed on its unique circumstances.
In summary, while there is no straightforward answer, you may have a legal basis to recover some costs through claims of resulting or constructive trusts, depending on the specifics of your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.