Never married, but engaged and living together for 5 years

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Latest post 06-24-2009 8:06 AM by mecono1. 6 replies.
  • 06-12-2009 12:52 PM

    • mecono1
      Consumer
    • Not Ranked
    • Joined on 05-23-2009
    • NH
    • Posts 20

    Never married, but engaged and living together for 5 years

    Here's situation: I was living with my fiance for 5 years. We owned lots of personal property together and I helped him with a downpayment for our home, which was in his name only for credit purposes. I was not on the deed as he refused to allow me (I should have pushed).

    After 7 years, we split.  He kept all my personal property, gifts given to me by my parents including furniture and such. He states he kept it because of debt I created in the relationship. I think this might be called retribution but I am not sure.

    Needless to say, he also used 90% of my income to pay expenses and took his significantly hire (double than mine) income and invested it in his 401K, stock, savings. All in his name only. I want to say this may be Unjust Enrichment.

    I gave him 150K in 5 years. My salary was 38K per year, his was 75-85. When relationship dissolved, he only allowed me to take the clothes on my back AND wants me to repay back 35,000 in debt I created over course of 5 years that HE accepted responsibility for. He now wants it repaid by me. He also wants to go back to credit cards I opened four years ago that he new about and say that he never authorized. He also made payments on those cards, and continued to/paid them off in full.

    Come to find out, he sold my stuff. I asked him for it and he refused to cooperate?&nbs... I have any legal ground based on unjust enrichment (for the savings) and the stuff he sold?

  • 06-12-2009 12:55 PM In reply to

    Legally you were roomates

    If he refused to give you your property you should have sued him. If you have not wited to long, you still can.

    How you chose to apportion living expenses is water under the bridge.

  • 06-12-2009 1:43 PM In reply to

    Marriage is a legal relationship . . .

    everything else is nothing.

    This is all just a civil issue, and it sounds fairly complex.

    I don't see unjust enrichment in here.  Most of this is either just taking someone else's property, or came about because of agreement, like the home in his name.

    You can't just keep someone else's property because of debt.  You have to pursue a remedy in court.

  • 06-12-2009 1:52 PM In reply to

    • mecono1
      Consumer
    • Not Ranked
    • Joined on 05-23-2009
    • NH
    • Posts 20

    Re: Marriage is a legal relationship . . .

    I found out I can file a Petition with my county courthouse to get my property back. Not a lawsuit persay but a Petition THEN if we find out he doesn't have my property, it turns into a civil suit.

  • 06-12-2009 1:57 PM In reply to

    Re: Marriage is a legal relationship . . .

    A petition is generally what you file to start the lawsuit.

  • 06-12-2009 2:50 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,323

    Re: Never married, but engaged and living together for 5 yea...

    Laymans take:

     

    Its not clear how or in what context he accepted responsibility for your debt---explain a bit more--perhaps some her have more suggestions as to if its now his or 'ours"  etc...

    Its a long shot but if you contributed a significant portion of the downpayment and can prove it, you may have a point as to equitable title --even the threat of raising a suit for equitable title and   lis pendence as to his title could scare him into compromise....but better leave the games to skilled counsel......

     

    He is not entitled to make own rules and just keep your stuff. I'd sue for stuff back or its replacement cost in SC court --but expect to get only depreciated value....If he sold it its up to him to go get it back or pay costs etc.  I'd sure for value and I'd list every item under the sun he kept and refused to return. Holding it creates a bailment and he had a duty to protect it, not dispose of it..

     

     

     

    How you split routine costs is now water under the dam.

     

    Be glad you didn't marry him!



  • 06-24-2009 8:06 AM In reply to

    • mecono1
      Consumer
    • Not Ranked
    • Joined on 05-23-2009
    • NH
    • Posts 20

    Re: Never married, but engaged and living together for 5 yea...

    I ended up filing a suit for these items per these forum recommendations. Not to mention, he wouldn't let me have my dog when the relationship ended and the dog is registered in my name. Not sure what the price tag is for pets but I even asked him if we could have "share the dog" not kidding....people do it. He refuses for no lawful reason.

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