In Florida, I put in $10k cash. My 5 year fiancé took a loan off his home (in Louisiana) for remainder $96k. Before moving in, I paid for all the appliances & purchased insurance for our home. (I didn't ask him for money) We agreed to pay equal portions of his house loan for equal condo ownership. His name is the only one on the deed. (I was getting a legal name change) Now we have broken up. He is screwing me. He said his name is on the deed & he owns the condo.. He says I only paid 10% with $10,000. He refuses the fact that this was an equal investment & refusing me ownership. I have my canceled checks paid at closing, 3 yrs of records paying monthly association fees, maintenance fees & canceled check for taxes. I paid my agreed portions for our equal ownership. We broke up. Help!!!
Divorce / Separation Lawyer
You are not married to him so the family law courts do not have jurisdiction and can not help you. You would have to bring a civil action against him in order to pursue him. It is very difficult when you trust someone and they betray that trust. It is a tough situation and I would recommend you hire a civil litigation attorney right away. Hope this helps.
There is no quick "help" for you on this one since you are not within the purview of Chapter 61 (Florida's divorce code) along with its rights and remedies.
You will need to consider hiring a real estate attorney and proceed against him on a number of different possible theories. HOWEVER, the real problem that you face is that you could EASILY spend 10k in attorney's fees trying to recover your 10k....or at least a significant part of that----and you cannot get to an award of attorney's fees because there is not a contractual or statutory basis for an award of attorney's fees. The best chance that you might have to recover attorney's fees would be under an demand for judgment settlement pursuant to the rules of civil procedure and Florida Statutes. However, you still would have a claim against him (likely several actually) and he would have to pay money to defend those claims with his own attorney. So it would behoove him to simply give you either your 10k back or some portion of it. It's a mess. Good luck!
Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.
This is not a family law question. I would recommend you consult with a civil attorney that handles real estate matters, lawsuits, etc. and see if you have any remedies to recoup the money invested.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Until you are legally married, the equitable distribution discussion can not be discussed. Even if you are acting as a married couple does not matter. Your best hope is to consult with a tort attorney to go over other options you may have. It is great that you kept all of those records; present them to the attorney you retain.