I understand in my state that small claims court handles only up to $5,000. My boyfriend and I were planning a life together and were to get married when I found a job near his home. In the meantime, he began to remodel his home to accommodate me and my children. Since I felt this remodeling was for my benefit too, I felt I should pitch in financially. Over the course of the renovations, I have spent about $15,000. Some went toward kitchen cabinets, some toward building supplies, some toward household furniture.

Of course, you know the story, no more marriage plans and I feel I should be able to recoup at least some of what I spent. I have receipts for most everything, cancelled checks, etc. Can I take possession of what I paid for that is in his house?

If this amount is over the small claims court amount, what procedure would apply to me.

He is in the military and has a decent job, just thinks that since it didn't work out, it's my loss. I realize what a big mistake I made but this put a dent in my savings and it seems worth it to me to try and get something back.

Thanks,

[QUOTE=secludedinwv]I understand in my state that small claims court handles only up to $5,000. My boyfriend and I were planning a life together and were to get married when I found a job near his home. In the meantime, he began to remodel his home to accommodate me and my children. Since I felt this remodeling was for my benefit too, I felt I should pitch in financially. Over the course of the renovations, I have spent about $15,000. Some went toward kitchen cabinets, some toward building supplies, some toward household furniture.

Of course, you know the story, no more marriage plans and I feel I should be able to recoup at least some of what I spent. I have receipts for most everything, cancelled checks, etc. Can I take possession of what I paid for that is in his house?

If this amount is over the small claims court amount, what procedure would apply to me.

He is in the military and has a decent job, just thinks that since it didn't work out, it's my loss. I realize what a big mistake I made but this put a dent in my savings and it seems worth it to me to try and get something back.


Taking matters into your own hands/self help never works out - I'd say take him to Court but with Attorneys fees and filing fees and not knowing what amount the Court will award you might be better simply going to Small Claims - if you can prove $15,000 you're pretty much sure you'll be awarded the limit - $5,000.

I will be honest, since this was not a loan, but a joint venture of you giving him the money with no expecting to be paid back, I personally doubt you will win in court. And part of the real problems of doing joint real estate together without being married or having a written contract.
If the court believes you were investing in the home, with thoughts of being added to the deed latter, the judge may allow a lien againt the property.

But that does not mean I am right and you do have the right to sue, but you will need to hire an attorney and sue in regular court not small claims,