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Trying2Cope · Feb 15, 2009, 09:40 PM

My ex fiancée of 4 and half years and I recently broke up. He purchased I house. (My name is not on the title) I moved in with him and was paying for the groceries, all of the utilities along with paying the second mortgage. (I have bank statements). He came to me with a Verbal Agreement indicating that he would give me money to relocate along with a deposit on a new place. In addition he would continue to pay my health insurance, along with maintaining my phone service plan since he just got me a new phone for christmas. Since I uncovered that he was cheating and already started a new relationship... he has stopped giving me money, turned off my new cell phone service, tried to get a retraining order against me (the judge denied it) , him and relatives threw some of my belongings in the gargage or the garbage. I have missing items as well. I am trying to move out but he is making it difficult. I left this house do to all of this stress and still can't get to all of my belongings.

I had to call the sheriff the last time I went to the house since he changed some of the locked within the house. My bedroom furniture, fax machine, and dressers are in the locked rooms. The sherrif told my EX he can not lock me out of my own residence. I have been living at the house for almost 3 years.

Since this incident he still has not opened the doors. HE only wants to communicate via lawyers... I got a lawyer to write his lawyer a letter still he has not opened up the doors! I mainly work from home and he also destroyed my office!

Trying2Cope · Feb 15, 2009, 09:44 PM

More info also I have a voice mail saying that he was suppose to give me a set amount of money. In addition I have a tape recording of a conversation where he indicates that he will not honor the agreement since I did an immature thing to find out that he had another woman already lined up!

JudyKayTee · Feb 16, 2009, 07:23 AM

This is a matter for an Attorney, which you already have. That Attorney knows all the circumstances surrounding this problem as well as California Law - here, based on incomplete info, we would only be guessing. I have no idea why your former fiancé didn't simply move to evict you. It's apparently his house and he can get you legally out of there on a whim. But I guess he didn't - ?

But I WILL tell you that it's a felony in California to record a phone conversation unless BOTH parties are aware of the conversation so I would be very, very careful who learns this particular tidbit of info. Very careful, indeed. If your ex is this vindictive, no way to know what he will do if he learns of this and people ARE charged in NY - where I am - all the time.

Trying2Cope · Feb 16, 2009, 09:15 AM

If I do not want to pay a lawyer for a trial or any more letters, can I take me EX to smalls claims court. My EX left serveral voice mail messages on my phone... can I use the messages? Also Can I sue for damages to my personal property?

JudyKayTee · Feb 16, 2009, 09:19 AM

Originally Posted by Trying2Cope

If I do not want to pay a lawyer for a trial or any more letters, can I take me EX to smalls claims court. My EX left serveral voice mail messages on my phone... can I use the messages? Also Can I sue for damages to my personal property?

Yes, you can use messages on answering machines in Court, also emails; yes, you can sue for damages to personal property that you can prove.

And I agree - legal fees can be more than you would sue for in Small Claims.

Trying2Cope · Feb 16, 2009, 12:40 PM

Thanks for the info... yes I have taken many pictures... can I sue for illegall eviction as well? We have gone to court and I am suppose to have acces to the house till the end of March 2009. My ex is not allowing me to get all of my belongings out of the house. Also what about "conversion". I am trying to keep legal fees low since obviously I am in the process of relocatingl.