update

[shessassy]

well My ex decided that he must make an offer I guess. I got a letter from his lawyer and he says he will give me 10,000.00 and deduct any damages i have done to the house and things that I stole and sold that was his will also be deducted from this total. Wow, I can't understand. I did no damage to the house, I did not sell or steal anything that was his. How can he prove any of this. he can just say I did all this damage and stole all these things and I end up with nothing.and on top of that he wants me moved out forthwith...Not going to happen. And he and his lawyer would like me to sign a discountinuance of action and execute a release forthwith with respect to any claims for constructive trust, unjust enrichment or any entitlement either past, present or future to his property. This after all he was claiming for the last 8 years we were friends with benifits. Also said we were only roommates and that I have no claim, Also claimed I was a renter and have not paid rent in over a year now he is offering me 10,000.00. I think I will have a better chance in front of a judge. I did nothing wrong nor have done no damage to the house etc. But he can lie about it all. he has been lying this whole time and My lawyere can see this...do you think a judge would be able to see right through his lies as well.Can you give any advise as to how I can protect myself from being charged with stuff I didn't do. I have pictures through out the 8 years of what the house looked like...
Thanks
Jo

[blinkandimgone]

I think the onus is on them to provide documentation that there was any damages or items that are missing. Were you married or common law, both listed on the house or just him?

[dadtotheend]

He's making an outrageous claim, which is par for the course in this stuff. It's all about (having the nerve) to ask for the sun, knowing that you willl settle for the moon.

[shessassy]

we were common law for 8 years, only his name is on the title. We have only had the house for 8 years as well. How can they document damages? I know he is going to say that I did all the damage in the house but I didn't. How do you really prove that?
I really don't think that he can do either. I was thinking, I think he would have to produce either reciepts or pictures of what he has missing. Is this right? or do they just go by his word vs my word??
Thanks
Jo-Anne

[dadtotheend]

Did you not hear me? He is making an outrageous claim hoping you will cave. It's a bluff.

[standing on the sidelines]

Did you not hear me? He is making an outrageous claim hoping you will cave. It's a bluff.

totally agree with you. It is a bluff.

[shessassy]

Thank you so very much!!!!
Jo-Anne

[logicalvelocity]

One thing is certain - his own legal fees is depleting his own equity. The longer it goes on - costs will surpass a reasonable settlement.

[Max22258]

My ex did that she moved out and she ruined all the floor, but maybe she did not know what the mover had done. but sure thing she left the house in disrepair after she was kicked out by the court. So he may have a claim if he has proof. Do you have proof that the house was not dammaged or that you did not take anything of his.

[blinkandimgone]

How is one supposed to have proof of something that DIDN'T happen??

[Max22258]

to take you to court etc he needs proof, if he does not have that then you should not worry

[blinkandimgone]

Your question was if she has proof that no damages occurred and she did not take any of his things, ergo my question on how one would have proof of something that didn't happen.

If he wants to prove otherwise the onus is on him to provide documentation, not the other way around.

[billiechic]

It might be after the fact advice, but when leaving during a separation it might be a good idea to take pictures of the house when you leave. That way you would have a date-stamped picture to prove nothing was damaged.

I took pics of my garage so that it it came down to it I could prove just what tools and equipment he had in there. It was probably worth about $10,000!

[HammerDad]

She should take pictures of any damage and document how she believes said damage occured.

He will do the same and it will become he said she said, and a judge will decide.

[blinkandimgone]

Oh for sure if there is damage, but at this point if there is none done and she cannot go back and photograph it, how would she have proof that nothing happened - she wouldn't.

IMO, if he wanted to prove their was damages he would have to do that.