What is the name of your state (only U.S. law)? California
I'll try to keep a long story as short as possible. My ex-girlfriend and I lived together for roughly 3 1/2 years (December 2011 - August 2015). For one year we rented a house together, for the last next 2 1/2 years we lived together in a home that I purchased soley in my name. She has prior financial issues and issues with managing money, and at some point shortly after we began living together she asked if I would handle all of the finances. From then until the time we separated, we had all of our combined income deposited into my bank account, which was used to pay the rent (and later mortgage), any utilities, food, etc. We verbally agreed that we would also set aside some money out of the account jointly every month for savings, and if the relationship were ever to end, the money in savings would be split between the two of us. This was the extent of our agreement regarding money prior to our breakup.
When I purchased my home in December 2012, I borrowed some money from my parents for the down payment (which was later paid back to them in full by me alone), and we spent a good portion of "our" savings on having a backyard put in, furniture, and various other things both having to do with the house and not having anything to do with the house (eating out, vacation, etc.) over the course of the next three years, resulting in there typically being little to no money in the savings account. Also over the course of this time, her income into the joint account was always lower than mine, from as little as about 50% of my monthly income, to more frequently about 75-80%.
In March 2015 we purchased a vehicle jointly in both of our names, which was to be her car. The payment for the car and insurance was made by me out of my account, using "our" money the same as all other bills, mortgage, etc.
In July 2015, we separated, and at that time we had no money in savings and roughly $1000 in credit card debt. I asked that she pay a portion of that debt, and we agreed to what furniture would be kept by whom, which resulted in roughly a 50/50 split of the furniture in the house.
In November 2015, she contacted me and told me she had been going through signifitant financial issues, could not afford some maintenance that was needed on her vehicle and a deposit on a rental unit, and felt she was owed more out of our relationship as she contributed significantly to the house which I owe and she did not have ownership in. I agreed to pay her roughly $2500, and wrote up a contract which we both signed which stated that the $2500 was payment in full for anything to do with the relationship, and that no further compensation would be owed by me to her. I also stipulated that the car payment was to be continued to be made by her, and that she could have any proceeds from the sale of the car at any time. I wrote up the contract myself and thought of it as more of a symbolic gesture at the time. We did not have it witnessed or notarized.
I recenly sold my house and was paid out for equity in the home. After the sale, she contacted me and advised me she had seen the home listed and talked to an "attorney friend" who advised her that she is owed a portion of the equity in the home because of her financial contribution while we were together and the fact that she deposited her pay checks into my bank account for over 3 years. She said that given the fact that I allocated every dollar she made, she can take me to court and have my bank records subpoena'd to force me to prove how I alocated every dollar of hers she ever deposited to my account and what is owed to her. She also acknowledged via email the signing of the contract in November 2015 and that it was a "stupid" contract, essentially dismissing it in her mind.
That's where I stand at this point, and am wondering if she has any legal basis in California to collect anything from me. She never had her name on the title to the home, never made a payment for the mortgage from her bank account, and agreed in writing that I would not owe her anything further financially as of November 2015.
In my opinion simply her depositing her pay checks in my account wouldnt seem to entitle her to any repayment whatsoever without some type of agreement as to me reimbursing her at some point in the future, which there never was. Also in my opinion the contract she signed in November 2015 should supercede anything else and prevent her from collecting anything from me at this point. However, I am not an attorney so would like to know what my exposure is, if any, and what action I should take, if any.
Any advice would be appreciated.
I'll try to keep a long story as short as possible. My ex-girlfriend and I lived together for roughly 3 1/2 years (December 2011 - August 2015). For one year we rented a house together, for the last next 2 1/2 years we lived together in a home that I purchased soley in my name. She has prior financial issues and issues with managing money, and at some point shortly after we began living together she asked if I would handle all of the finances. From then until the time we separated, we had all of our combined income deposited into my bank account, which was used to pay the rent (and later mortgage), any utilities, food, etc. We verbally agreed that we would also set aside some money out of the account jointly every month for savings, and if the relationship were ever to end, the money in savings would be split between the two of us. This was the extent of our agreement regarding money prior to our breakup.
When I purchased my home in December 2012, I borrowed some money from my parents for the down payment (which was later paid back to them in full by me alone), and we spent a good portion of "our" savings on having a backyard put in, furniture, and various other things both having to do with the house and not having anything to do with the house (eating out, vacation, etc.) over the course of the next three years, resulting in there typically being little to no money in the savings account. Also over the course of this time, her income into the joint account was always lower than mine, from as little as about 50% of my monthly income, to more frequently about 75-80%.
In March 2015 we purchased a vehicle jointly in both of our names, which was to be her car. The payment for the car and insurance was made by me out of my account, using "our" money the same as all other bills, mortgage, etc.
In July 2015, we separated, and at that time we had no money in savings and roughly $1000 in credit card debt. I asked that she pay a portion of that debt, and we agreed to what furniture would be kept by whom, which resulted in roughly a 50/50 split of the furniture in the house.
In November 2015, she contacted me and told me she had been going through signifitant financial issues, could not afford some maintenance that was needed on her vehicle and a deposit on a rental unit, and felt she was owed more out of our relationship as she contributed significantly to the house which I owe and she did not have ownership in. I agreed to pay her roughly $2500, and wrote up a contract which we both signed which stated that the $2500 was payment in full for anything to do with the relationship, and that no further compensation would be owed by me to her. I also stipulated that the car payment was to be continued to be made by her, and that she could have any proceeds from the sale of the car at any time. I wrote up the contract myself and thought of it as more of a symbolic gesture at the time. We did not have it witnessed or notarized.
I recenly sold my house and was paid out for equity in the home. After the sale, she contacted me and advised me she had seen the home listed and talked to an "attorney friend" who advised her that she is owed a portion of the equity in the home because of her financial contribution while we were together and the fact that she deposited her pay checks into my bank account for over 3 years. She said that given the fact that I allocated every dollar she made, she can take me to court and have my bank records subpoena'd to force me to prove how I alocated every dollar of hers she ever deposited to my account and what is owed to her. She also acknowledged via email the signing of the contract in November 2015 and that it was a "stupid" contract, essentially dismissing it in her mind.
That's where I stand at this point, and am wondering if she has any legal basis in California to collect anything from me. She never had her name on the title to the home, never made a payment for the mortgage from her bank account, and agreed in writing that I would not owe her anything further financially as of November 2015.
In my opinion simply her depositing her pay checks in my account wouldnt seem to entitle her to any repayment whatsoever without some type of agreement as to me reimbursing her at some point in the future, which there never was. Also in my opinion the contract she signed in November 2015 should supercede anything else and prevent her from collecting anything from me at this point. However, I am not an attorney so would like to know what my exposure is, if any, and what action I should take, if any.
Any advice would be appreciated.
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