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Breach of Contract, Implied in fact contract, Covenant Good Faith / Fair Dealing / Unjust Enrichment Quantum Meruit Com counts

Oakland, CA |

The now ex had full control of the finances (she=frugal me=spend). Working towards family and long term relationship. My entire net income for 3.5 years in her control (<$400,000.00). Purchased a couple of real properties while together and once we moved into one of the properties, sh makes an offer; If the relationship were to ever fail, the amount of the proceeds (net Income and value of the labors (Quantum Meruit) would be returned less a value for rent and half of the other bills. Now three years later and after we had a child, she files false claims of DV and I am now restrained. SHe claims that I have no rights of possession and there are no funds that are due me.
Will Direct Deposit and wire transfers be enough to show a confidential relationship / intent and implied in fact

The answer was helpful and I appreciate the concern for competent legal help however, the problem is that I have nothing to provide them and they all want some compensation (first born son, eye of newt, etc). I have started the case by filing the unlimited civil action and the cause for an accounting as well as the abuse of process, not to mention the various Family Law cases so, I am in the system and the machine doesn't seem to be as intimidating from the inside as it did look at it from the outside.

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Attorney answers 2


This question is a complicated situation and cannot be answered completely in this space. But if the money that was used to purchase, improve, and/or maintain the properties came from you either in whole or in part, you would have at least an equitable interest in the property for the value contributed. If you took title in both of your names, then you have legal title to the property. I'm assuming by the way the question is phrased that she titled the property in her name only. In which case, you need to show that your money was used to purchase, improve or maintain the property. That won't guarantee your recovery, but that is the type of evidence you would need to show an agreement between the two of you to share the value and/or profit from the property. It would certainly help if during this time she did not earn income sufficient to acquire the properties. You really should consult with a lawyer familar with real estate and with domestic relations as there are overlapping issues.


You say you bought properties together, is your name on title? Are you on the loans?
An attorney would have to review your direct deposit and wire transfers to see what evidence is available by and through those records. Obviously, she is not going to give you anything whatsoever unless she is made to do so. Immediately retain legal counsel, file a lawsuit and get this litigation moving forward before she liquidates and hides all the assets.

I hope this is helpful.


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