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    notagain49's Avatar
    notagain49 Posts: 3, Reputation: 1
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    #1

    Feb 21, 2011, 09:20 PM
    Can I sue in small claims with only emails as proof?
    Although I hate to ask because I feel dumb here's the situation. I was engaged and my partner wouldn't move into my home; said we needed to buy a house together to start fresh. I had lived in my home for 15 years but I said OK. We both had to sign for the new mortgage and 3 weeks later he said he was done with the relationship and I had to move out. I tried to figure out a way to afford the house but it was beyond my budget, so I had to leave and sign off the mortgage. I had paid for all the utilities and moving expenses to move there and I had to pay again when I found a place of my own. I also had to cash in all my savings. He sent me all kinds of emails stating he would reimburse me for all my expenses including my savings.
    8 months later we get back together and he tells me he's still going to pay me and then 3 months later he leaves and goes back to his ex-wife and they both sent emails stating they would pay me whatever he owed and now they are not paying. Can I sue? He owes me over $10,000.00.
    m_lynn's Avatar
    m_lynn Posts: 14, Reputation: 3
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    #2

    Feb 21, 2011, 10:07 PM
    As long as you can prove he sent the emails which would be hard to prove if he ever said it in person too and you had a witness would be helpful. I would consult an attorney most offer free consults. A question to you the house you lived in for 15 yrs did you sell it to buy the new house and if so he could be responsible for some of that as well even though you weren't married you still bought the house together if he kept it you are intitled to half the purchase price if he kept it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 21, 2011, 11:59 PM
    Quote Originally Posted by notagain49 View Post
    ...
    I had to leave and sign off the mortgage. ...
    What do you mean by this? Unless the bank or whoever that owns the mortgage releases you, you still owe the mortgage.

    Quote Originally Posted by notagain49 View Post
    ...
    ...
    Can I sue? He owes me over $10,000.00.
    No. He made you promises, but I can't see that there was any consideration for those promise, and thus these promises are not of an enforceable contract.

    I suspect that OP is pulling our legs. This story just can't be for real.
    notagain49's Avatar
    notagain49 Posts: 3, Reputation: 1
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    #4

    Feb 22, 2011, 03:57 AM
    Comment on m_lynn's post
    Thank you for answering back. I will consult with an attorney to find out my options. Yes, I did sell my house and my name was on the title to the new house we bought together. He has told numerous people he will pay me back, I will see the lawyer first and then ask them if they will support me, although I hate involving others. He told me I wasn't intitled to any portion of the house because there was no equity built up in it when he told me I had to leave.
    notagain49's Avatar
    notagain49 Posts: 3, Reputation: 1
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    #5

    Feb 22, 2011, 04:00 AM
    Comment on AK lawyer's post
    I wish it wasn't for real. Believe me! And believe it or not we're both professional business people and I should have been smarter. Guess he was a player. Ahh hindsight...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 22, 2011, 04:46 AM

    First, if you have a follow-up question or info, please use the Answer options instead of Comments.

    There are some things about your posts that do not make sense. First, if you purchased the house together then your name is on the title and the mortgage. Therefore, he could NOT legally tell you to move out and vice versa. Second, you do need to explain what you mean by "sign off the mortgage". The bank is not going to let you out of the mortgage as long as your name is on the deed. The mortgage would have to be refinanced.


    Depending on your area (ANY question on law needs to include your general locale as laws vary by area.) $10K may be too high for small claims. You may have grounds for a suit, like the fact that he could not force you to move. But the main thing is you own half the home. You should be able to show that you contributed to the down payment and the expenses.

    But you will probably need an attorney to tell you you what evidence you need. The e-mails can help corroborate other evidence, but they may not be allowed as primary evidence.

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