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View Full Version : Fiancee: get out; sign promissory note; not entitled to anything?


farfrumlosin
Apr 1, 2009, 10:38 AM
Colorado Resident
Lived with fiancée 6 years; has home business there; receives mail there
She built a new home, in her name, he made significant contribution; building, landscaping, maintenance.
He has paid rent monthly; has made payments on loans from her monthly.
She gets cancer, he cares for her.
She writes him in will, in the event of death, compensates him for his contribution to home
He never sees agreement. She said it was signed.
She is now in remission, suddenly wants out of relationship
Wants him out immediately; demands he sign promissory note for loans she made to him

She says she doesn't owe him anything.

She can evict (30) day notice. Leaving him on the street with nothing, and ostensibly try to keep his equipment/supplies.

Absent proof of prior Will which acknowledged his contribution to home; absent any written contract; does he have any claim to value in her home?

He cannot afford an attorney. She is wealthy.

Help!

ScottGem
Apr 1, 2009, 10:44 AM
First, I'm not sure what agreement you are referring to that he says he never saw.

She can evict with proper notice, since, with no lease, he's considered a month to month tenant. He may be able to prove, via receipts for materials and stuff, the contribution he made to the home. But that's a long shot.

Colorado, however still recognizes common law marriages. So he might want to pursue that isse. Problem is, he can't afford NOT to have an attorney. He should try shopping around for one. If she is wealthy, he might find one willing to take it on contingency.

farfrumlosin
Apr 1, 2009, 11:11 AM
First, I'm not sure what agreement you are referring to that he says he never saw.

She can evict with proper notice, since, with no lease, he's considered a month to month tenant. He may be able to prove, via receipts for materials and stuff, the contribution he made to the home. But that's a long shot.

Colorado, however still recognizes common law marriages. So he might want to pursue that isse. Problem is, he can't afford NOT to have an attorney. He should try shopping around for one. If she is wealthy, he might find one willing to take it on contingency.


Scott. Thanks for quick response:
1) He has not seen the Will document that was evidence of her feeling she had an obligation to him for contribution made to building/improving home.
2) His contribution to the home was for labor and design which was considerable.
3) Based on Colorado Law, I do not believe he would prevail making a common law marriage argument.

The issue is whether he has some claim to the value of her house? She had said she had signed a Will document where what he would receive upon her death was considerable given the contribution he made to building and maintaining her home.