Full question:
I entered into a oral agreement with my 8 year live in relationship girlfriend when we resided in Texas to purchase her relatives home to remodel and sell for profit for both of us. Since then she has backed out of the sell deal and is keeping the home for herself, originating from a loan that she acquired through fraudulent means (8 times reporting of her income) attempting to leave out my interests, funds, and labor on the residence. She is looking into refinancing. Is there a lien law that would cover my filing by a reasonable date after me finding out about her actions leading me to help her with this project?
- Category: Contracts
- Subcategory: Oral
- Date:
- State: Texas
Answer:
In some cases, courts have recognized that a trust can be created in property held by one partner for the benefit of their domestic partner. Even without a formal trust agreement, a resulting trust may exist if there is evidence of intent to create one. This allows for enforcement of agreements regarding property and income between domestic partners. If one partner contributes to the property of the other, a court may declare a constructive trust to prevent unfair advantage.
In Texas, lien laws may apply if you have provided labor or materials for construction or repair work on the property. According to Texas statutes, a person can claim a lien if they labor, specially fabricate materials, or furnish labor or materials for a house or improvement under a contract with the owner or their agent. You must file an affidavit with the county clerk within specific time limits: generally, no later than the fifteenth day of the fourth month after the debt accrues, or the third month for residential projects (Tex. Prop. Code § 53.021, § 53.052).
Indebtedness accrues when work is completed or a contract is terminated (Tex. Prop. Code § 53.053). To protect your interests, it is crucial to act within these time frames after discovering your partner's actions.
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.