Can my ex-boyfriend put a lien on my home for labor that he put into it? (2024)

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Can my ex-boyfriend put a lien on my home for labor that he put into it? (1)Can my ex-boyfriend put a lien on my home for labor that he put into it? (2)

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Home»Ask a Lawyer»Can my ex-boyfriend put a lien on my home for labor that he put into it?

Can my ex-boyfriend put a lien on my home for labor that he put into it?

My boyfriend and I just broke up last week and he is now causing problems. I recently bought a fixer-upper home which allowed for me to do some of the re-building myself. My boyfriend willingly helped me with some of the work saying it was a favor so we could build a family together and that my house was just for me. He has a had a life-time of domestic violence charges on him, including me there has been a history of abuse. He demanded me to write

him check or he was going to hurt me. I wrote a fake check with a fake signature so the bank could tell it was forced. They marked it as stolen as soon as they heard he threatened me. There was never a contract nor is he a licensed construction worker. The check did not state that it was for services. All of the material and tools were bought by me. Now that we broke up my ex-boyfriend is trying to tell me that he is going to put a lien on my home for the labor he put into the home? Can he do this? I am trying to sell the home for the exact amount that it is worth. Can he really get a lien on the home since he agreed to help me for free? The check was written 5 months ago. Can he wait that long to file a lien?

Asked on May 17, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, only an actual licensed contractor can directly put a contractor's lien on a home. What he can do is sue you, however, if there was an agreement that you would pay him for his labor and you don't pay. However, if he had done the work as a gift, he is not entitled to money--only if there had been agreement that he'd be paid. Of course, he can lie and claim there was an agreement even when there was not: if he is willing to do that and sues, you can fight or defend on the basis that no, the labor was a gift. In that case, it will come down to who is personally more credible or believable; whose story makes more sense in the context of the facts and relationship at that time; who has more and more believable witnesses supporting him or her; and whether there is any documentation, including emails or text messages, supporting either him or her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only.The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person.Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcomeor an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not beauthorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike theinformation in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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Can my ex-boyfriend put a lien on my home for labor that he put into it? (2024)

FAQs

Can my ex-boyfriend put a lien on my home for labor that he put into it? ›

In order for a private person to put a lien against property they must get a court judgement and then file a judgment lien with the county recording office. Construction contractors can get a statutory lien, called a mechanic's lien for work and material they put into real property if they are not paid.

Can my ex girlfriend put a lien on my house? ›

Your former spouse or partner can put a lien on your property if you owe substantial child support or alimony. The lien will stay until you pay what you owe, refinance your property, or your ex-forces a lien sale, whichever happens first.

Can a lien be placed on my house for a boyfriends debt? ›

Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under. Before discussing the terms of joint ownership, it's important that you understand exactly what liens are and what they may mean for you and your investment.

Can my ex sue me for money after breakup? ›

If he is going to claim you owe him money, he would have to show there was an agreement to repay. If not, a Judge is going to see that he is now claiming and asking for this because you broke up but he would not be entitled to anything, when it was a gift and belongs to you.

Can I sue my ex boyfriend for money he owes me? ›

Your Options for Past Expenses:Small Claims Court:You can sue your ex in small claims court to recover the money he owes you for past rent and the loan. In California, the maximum limit for small claims court is currently $10,000.

What is a lien placed on the property without consent of the owner called? ›

A judgment lien is considered a nonconsensual lien because it is attached to a piece of property without the owner's consent or agreement. A plaintiff who obtains a judgment is referred to as a judgment creditor, while the defendant becomes a judgment debtor.

Can unsecured debt put lien on house? ›

If you own a home, and have fallen behind on your credit cards or other unsecured debts you may be worried about what these creditors can do to collect on the debt. In many states, including California, unsecured creditors can become secured creditors and place a lien on your home.

Am I responsible for my boyfriend's debt? ›

If things end up in court, it is a lot easier if you make an agreement from the start. Am I responsible for my partner's debts? You are not responsible for your partner's debts just because you live together. You are only responsible for debts that you have agreed to pay.

Does my ex husband's debt become mine? ›

In other words, both spouses are usually responsible for debts incurred during the marriage by either party, but not for debts incurred before marriage. In community property states, you and your spouse will be held equally liable for: Any credit card debts in your name (as a sole owner or jointly)

Can I be held responsible for my ex husband's debt? ›

Common law property holds that the spouse who incurred the debt is responsible for repayment. Community property holds both spouses responsible for debt incurred during the marriage,” said Pahlkotter.

Can I sue my ex for emotional abuse? ›

Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states, you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.

Can you sue your ex partner for emotional damage? ›

Yes, someone can sue their ex for emotional damage in a court of law if they have suffered harm as a result of their ex's actions. However, proving emotional damage can be difficult since it is often subjective and not easily quantifiable. Additionally, the legal process can be lengthy and costly.

What is considered harassment from an ex boyfriend? ›

Assault, abuse, threats, and even stalking are considered punishable criminal offenses. If you are being subjected to one of these forms of harassment, report your ex to the authorities immediately. They will keep an eye on your ex and even issue a restraining order.

Can I sue my ex boyfriend for pain and suffering? ›

You must prove that your ex-partner's conduct caused you emotional distress. In other words, there must be a reasonably foreseeable, direct link between your ex's conduct and your emotional distress. Proving causation is often the most challenging step in suing an ex-partner for emotional distress.

Can I sue my ex for not paying the mortgage? ›

Depending on the unique circ*mstances of your situation, the court may be able to order the property sold to pay off the mortgage, but this is unlikely if your ex is living in the home. If the divorce court cannot help you, you can sue him in a new lawsuit for the damage that he is causing you.

Can I sue my ex boyfriend for wasting my time? ›

Common grounds for lawsuits include breach of contract, negligence, or intentional harm. A relationship, in itself, typically doesn't constitute a legally binding contract in the sense that one can sue for 'wasted time' unless there were specific, legally enforceable promises or agreements involved.

How do I remove my ex girlfriend from my deed? ›

So the only way you can get her off the deed is to either 1. buy her out if she will sell or 2. file a lawsuit called a "partition action" in court to have a judge order the property sold at public auction and then be the high bidder.

Can I lock my ex girlfriend out of my house? ›

Okay, in that case by locking her out you're using "self help" which is not permissible. In order to evict someone living with you you'd have to serve them with a notice to vacate and then if they don't leave you'd have to file an eviction action. Anything else is not permissible in the eyes of the law.

Can you lock your ex out of your house? ›

Pre-Divorce

Changing the locks before a divorce is a bad idea. Your spouse can legally get a locksmith to get them into the house, and the action can be used against you in a future divorce proceeding. If your spouse is abusive, it is better to leave the house and immediately retain a lawyer.

Can my ex lock me out of the house? ›

The only way to legally force a spouse from the marital home is through a court order.

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