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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 04-01-2009, 05:41 PM
maggiem2 maggiem2 is offline
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Question He threatens to take me to court

While recouping after a total hip replacement I met a man in need of care.
I allowed this man to move in with me three years ago with a promise that he would give up drinking. That never happened.
I have my own home (paying a mortgage)
He did nothing to improve my property. He did pay alot of the living expenses as he told me not to worry about these issues.
He and I traded both our vehicles in so there would be only one car insurance payment. He had no credit rating and the car was purchased in my name alone as that was the only was to get the loan. I pay the insurance.
He did put the last few payments onto his credit card as the iterest on the loan was too much.
Since he is an alcoholic and refused to quit drinking I asked him not to return to my home after he spent the winter in Florida.
He is now saying he will take me to court for the van unless I give him $3500.00 . The van is worth that but he knows I cannot afford to pay that as he didn't want me to work. When I did finally go back to try and work he complained that I was never home. He was able to purchase a trailer home ad vehicle in Florida in the past 2 years , he bought himself a pontoon boat, electric bike, a peddle boat and much more. I don't want his things but I do need this vehicle to get to work.
Can he sue me for the vehicle if he made payments? It's all I have out of this relationship besides misery.
Is he able to sue me for "enrichment" ?
While recouping after a total hip replacement I met a man in need of care.
I allowed this man to move in with me three years ago with a promise that he would give up drinking. That never happened.
I have my own home (paying a mortgage)
He did nothing to improve my property. He did pay alot of the living expenses as he told me not to worry about these issues.
He and I traded both our vehicles in so there would be only one car insurance payment. He had no credit rating and the car was purchased in my name alone as that was the only was to get the loan. I pay the insurance.
He did put the last few payments onto his credit card as the iterest on the loan was too much.
Since he is an alcoholic and refused to quit drinking I asked him not to return to my home after he spent the winter in Florida.
He is now saying he will take me to court for the van unless I give him $3500.00 . The van is worth that but he knows I cannot afford to pay that as he didn't want me to work. When I did finally go back to try and work he complained that I was never home. He was able to purchase a trailer home ad vehicle in Florida in the past 2 years , he bought himself a pontoon boat, electric bike, a peddle boat and much more. I don't want his things but I do need this vehicle to get to work.
Can he sue me for the vehicle if he made payments? It's all I have out of this relationship besides misery.
Is he able to sue me for "enrichment" ?
Below is what he sent me in an email. Can anyone tell me if he can do this to me?

What about the van? Why do you continue to evade this question? Let me tell you something. If I have to take you to court about this, believe me I will. A court situation will not go good for you considering this is the second time an ex lover is sueing you. Furthermore, it gets complicated. We have actually been co-habiting for over 3 years. I can rightly make claim to half your house and property and very likely win. Considering you have not made any money over the past 3 years and I was essentially the bread winner.

Govern Yourself accordingly,
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Old 04-02-2009, 07:10 AM
FL_Needs_To_Change's Avatar
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As a general rule in common law unions, the onus would be on the person seeking to have assets split to prove that the asset was indeed owned by them, or that they made payments on it. Because the van is in your name he would have to show that he has a stake in the ownership there of.
You said it was his choice to make other payments as well during your relationship. I do not think a court would allow these for repayment on either side as they probably would be viewed as basic living expenses that he would have had to make even if he wasn’t in a relationship with you or was only a room mate.

I would try to keep this out of court by sending a written request to negotiate a more manageable amount in exchange for the payments he did make on the van.
Knowing that you indicated that you are not in a position to pay this amount of money to keep the van so that you can keep your job, ask yourself this, is it worth it to make him go away so that you can get on with your life? Or would you rather fight him in court and hope the amount you have to pay a lawyer is less and less of an emotional roller coaster? I’m not trying to say he is right and you are wrong or that you owe him anything, I’m just asking you questions so that you can look at this from a different perspective and search for alternate options rather then taking this to court. Which I realize is expensive.

Perhaps
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