The non-owner partner has to prove that the owner gained something, that the non-owner suffered a loss, and that there is no legal reason for the gain or the loss. If one partner has been unjustly enriched, then the judge will try to place a value on the non-financial contributions. EXAMPLE Sam moved into Paul’s house, and only Paul is on title to the home. Paul works at a job outside the home, while Sam takes care of the household and the children. Sam does all of the chores, oversees the home maintenance, and has been involved with renovations to the home. Sam wasn’t paid for these contributions, but the contributions mean that Paul is able to dedicate time to his career. After 10 years, they end their relationship. Sam doesn’t think that it is fair that Paul should keep all of the value of the house simply because his name is on title. Did the owner gain something? Yes, Paul benefitted because he hasn’t had to hire a cook, housekeeper or nanny, and he was able to concentrate on his career while Sam took care of the home and the children. Did the non-owner partner suffer a loss? Yes, Sam has suffered a loss because there was no financial compensation for all of the work that he did in the home. Sam could have worked outside of the home as a cook, housekeeper or nanny and been paid. Is there a legal reason for the gain or loss? There is no legal reason for the benefit or loss. Sam was contributing to their family in a non-financial way because his actions benefitted the entire family.
How valuable are the unpaid contributions?
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