Trust or no Trust

I purchased a home (kirkwood) with my then partner in 2001 using proceeds from the sale of my earlier home ($81000). He provided $72000 but refused to add his name to property title, the remaining funds from bank loan in joint names.I ran his business from home part-time (verbal agreement to pay off his contribution to purchase). We broke up and I later sold the house with his knowledge. I bought another house in my name only and gave him $50000 to complete repayment of his contribution to Kirkwood home.12 months later he placed a caveat on my current home claiming an interest which keeps changing. We are half way through court case and now he wants to claim constructive or implied/resulting trust. With information provided is this possible does he have a case.thanks holly

[able1]

It will not be easy--it would seem it is is going to be a factual issue to determine...what did you two agree and how were the funds to be used etc.

That can be determined from any and all evidence, records, witnesses etc

Thank you for answering my question. When he refused to have his name put on the title of the first home (Kirkwood) he said that if I work for him by running his business from home, that over time I will have repaid him his contribution. He only resided in this home for 3 months. I remained there for eighteen months, paying the mortgage myself (keep in mind that it was a joint mortgage). I then sold the property and asked him how much I had worked off my debt, we agreed on $23,000. and he wrote a proof of employment letter for me. I sold the house and paid him out the remaining $50,000 from his original contribution. Twelve months later when I became engaged to someone else, he slaps a caveat on my new home and says that I never worked for him, and that I am not on his company records as having worked for him. He is also now saying that he only wrote the employment letter to enable me to get finance. He says that he was not paid out his full contribution and now wants half of the profit that I made on the sale as well. I am so angry, as this has cost me and my now husband $60,000 in legal and court fees already and now he wants to change his claim to a constructive or implied trust. It has already been heard for a week in court in November and has been adjourned to till tomorrow (25th March) and I was informed that tomorrow he will be applying to the court to change his claim. Please help, this is stressing me out no end. Thankyou

[annjd]

If two or more alleged "owners" cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.) You could threaten to take this action if need be. It may cause compromise which is of course what you need here now.

Hi Not sure if you will receive this, but as a matter of interest what was the outcome i am going through a very similar thing in the uk.