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  #1  
Old 09-12-2004, 10:03 AM
misterkel
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Access to home and rights to equity


What is the name of your state? Vermont
My girlfriend of six years and I split up. The house is in her name. She invested about $120,000 (including the loan) into the house. I repaid her a debt of $21,000 by making improvements to the home. The house is now assessed at $165,000 and would probably sell for more. The increase in value is completely because of my renovation.
Do I have any reasonable claim to some of that equity?

Also, she says she does not want me to enter the house and will pack my belongings and leave them in the garage. She has not issued any eviction notice (I am currently out of town).

Do I have the legal right to enter the dwelling?
Does she have the right to pack up my belongings without my consent?
Do I have the right to stay there until she evicts me?
Can I get cocustody of our dog?


I was not paying rent, but I was paying all the bills.
I did cause minor damage (2 holes in the wall which I could easily repair and a broken jewelry box) when I was upset (she was sleeping with a friend of mine). I have never struck her or threatened her in any way with physical violence (or anyone for that matter).

thank you
  #2  
Old 09-12-2004, 10:09 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by misterkel
What is the name of your state? Vermont
My girlfriend of six years and I split up. The house is in her name. She invested about $120,000 (including the loan) into the house. I repaid her a debt of $21,000 by making improvements to the home. The house is now assessed at $165,000 and would probably sell for more. The increase in value is completely because of my renovation.
Do I have any reasonable claim to some of that equity?

Also, she says she does not want me to enter the house and will pack my belongings and leave them in the garage. She has not issued any eviction notice (I am currently out of town).

Do I have the legal right to enter the dwelling?
Does she have the right to pack up my belongings without my consent?
Do I have the right to stay there until she evicts me?
Can I get cocustody of our dog?


I was not paying rent, but I was paying all the bills.
I did cause minor damage (2 holes in the wall which I could easily repair and a broken jewelry box) when I was upset (she was sleeping with a friend of mine). I have never struck her or threatened her in any way with physical violence (or anyone for that matter).

thank you

My response:

You have nothing. Simple. It's not your home. You repaid a debt, and you both agreed on how that debt was to be repaid. All because the improvements to the home inured to her benefit doesn't mean that you now have some sort of "interest" in the property. You merely repaid a debt. That's it. End of story.

Leaving the home, for whatever reason, means that you abandoned your interest in any type of "tenancy" you might have had. It doesn't matter that you left because of your work. It only matters that you left for an extended period of time - - thus, the abandonment.

She has every right to pack up, and move, your belongings. It's her "square footage" and she's the one paying for that square footage - - not you.

IAAL
  #3  
Old 09-12-2004, 10:50 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
In addition to what IAAL said, domestic violence is more than just physicial contact and so your ex could have you removed for that reason as well, tenant or not and having your things packed and ready for your pickup is rather civil, it could be worse.

as to your other question: Can I get cocustody of our dog?
I don't know, is that contagious or some sort of parasite? Ask your vet or groomer.
  #4  
Old 09-13-2004, 10:35 AM
misterkel
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Posts: n/a

followup


I have only been gone for 2 weeks. Does that constitute abandonment?

Also, our agreement pertaining to rent was that my paying the bills constituted a rent payment.

Last edited by misterkel; 09-13-2004 at 10:37 AM.
  #5  
Old 09-13-2004, 08:14 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by misterkel
I have only been gone for 2 weeks. Does that constitute abandonment?

Also, our agreement pertaining to rent was that my paying the bills constituted a rent payment.

My response:

Your first question was already answered by me. Read again more carefully.

Unless it's in writing, you have nothing.

You left the home. It's over.

IAAL
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