My ex-fiancé is refusing to return the engagement ring that I gave her. What is the best way for me to retrieve this?: this has a value of more than 10k so what are my rights in getting this back when she is refusing. This wasn't given as a gift to her.
Christopher’s answer:
The general rule, from case law, is that an engagement ring is a "gift given in contemplation of marriage." If the marriage is called off, the engagement ring should be returned. As a side note, it can be difficult to use the same justification to retrieve a wedding ring, since there is no expectation that a wedding ring should be returned if the parties divorce.
In your case, the best way to proceed is to consult an attorney who handles civil disputes. This is essentially a dispute over property. It is not really a "family" or "marriage" case. I have changed the category of this post accordingly. You may find that more civil litigation attorneys view the post that way.
The NH Bar Association has a lawyer referral service. Their website is http://nhbar.org. Good luck.
My landlord sent a text message from out of state. Is that text a legal eviction notice under NH law?: The landlord lives in CA, the apartment is a duplex in NH. He is not evicting us for 'unpaid rent' or other concerns - it is an 'Owner Move In' eviction ordering us out by the end of November. We have also been trying to get him to do repairs since we moved in three years ago [unfinished roofing, broken windows, damaged drywall, missing internal doors]
Christopher’s answer:
The short answer is no. A text message is not a valid method of serving an eviction notice. There are specific requirements for an eviction notice at RSA 540:3 and 540:5. A link to the statute is below.
You should consult with an attorney who handles Landlord-Tenant cases. It may be possible to obtain an award for damages and/or attorney's fees. The NH Bar Association has a lawyer referral service that can help you find someone. Their website is http://nhbar.org. Good luck.
Wife asked for divorce and I have learned she is having an affair, can I ask that she not live in the home while divorce ongoing:
I live in NH. We have been married 7 years. She does not have a job but does have a large inheritance in the bank. There is not a room for her to sleep in the house as they are occupied by me and 3 children. one is her child the other younger two are mine. We have no children together. I am okay if her son stays with me until she is settled and the divorce if finalized.
She asked for a divorce on Monday and yesterday I discovered she is having an affair and really am concerned about her staying in the house for months while the divorce proceeds.
Christopher’s answer: Since she is the Petitioner, and you are the Respondent, I would guess that the basis for the divorce is irreconcilable differences. Whether or not that's true doesn't make much difference in terms of who gets to stay in the home. The courts are constantly deciding how to divide property, how to keep the parties apart, and how to ease the tension associated with a divorce. The usual course of action for asking the court to do something specific with regard to the living situation is to file a motion for temporary orders. You should consult a family law attorney in your area. Many will offer free consultations. There is also a lawyer referral service through the NH Bar Association at http://nhbar.org. Good luck.