Bonina v. Sheppard

Bonina (plaintiff) and Sheppard (defendant), an unmarried couple, lived in a house titled in Sheppard's name. Bonina contributed about $157,000 in repair expenses plus his own labor to improve and add to the house, and paid half the mortgage for over 16 years. After they split up, Bonina sued for restitution, claiming his contributions unjustly enriched Sheppard. He documented his expenses but did not seek the value of his labor, and neither party showed how much the improvements raised the home's value. The trial court found the contributions were not gifts, treated the mortgage payments as offset by Bonina's benefit of living there, and awarded $157,000 for the permanent improvements. Sheppard appealed, arguing no restitution was due, or alternatively that damages should be measured by the home's increased value.

Whether an individual who contributes to improving the property of an unmarried cohabiting partner may recover in restitution for unjust enrichment.