Marital Home


#1

In 2005, my STBX and I built a house. I was the general contractor for the home and did most of the work. My STBX’s parents held the loan because we filed bankruptcy in the past. I was never compensated for the general contractor’s work. They are now saying that I do not own the home. There is around $125,000 in equity in the home. I have filed a third party lawsuit to bring the house back into ED.

Can my attorney continue my hearing or agree to change the hearing date without my approval?
Am I entitled to get any of the general contractor fees?

I have bank statements showing I paid the mortgage. I have copies of contracts with most sub-contractors.

What do I need to make sure I have the proof that I own the house even though the deed is in her parent’s name and am entitled to it’s equity? What other advice can you give me so I don’t loose everything I have worked hard for?


#2

If your attorney has a conflict, or needs more time to prepare they may change the hearing date.

As for your fees, unless you had a contract with the parents to be paid, your work could be viewed as a gift. You will need evidence which shows why the home is in her parents name, as a deed which is valid on its face creates a strong presumption that the title is vested in the proper owners.

I would suggest you speak to your attorney regarding a “constructive trust” argument. There is some case law addressing similar fact patterns.