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Roger
Roger, Attorney
Category: Family Law
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In November 2008 I purchased a woodburner insert with my then

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In November 2008 I purchased a woodburner insert with my then boyfriend for his house, which was supposed to be "our" home. Yes the home was solely in his name and I still owned my own home at the time. My name was the primary name on the account, with him as secondary because he had lost his job. I purchased it 6 months interest free, with the interest all becoming due in May of 2009. Well we started not getting along and May 2009 comes along and the full payment was due. I did not want to pay it because I was concerned that if I did, he would not reimburse me for it. I told his mother about this and she said that she did not have the money to pay for it or she would. (Now mind you at this point in time, I had stopped making my house payments because I was helping with the bills at his/our house. So my credit score was going down the toliet and I knew it) She said to me that "I should pay it off and if something were to happen to us, she would make sure he did the right thing, or the right thing would be done and I would be FULLY reimbursed". So with her giving me her word, I paid it off. Well needless to say I was right to be leery because we broke up and he is unwilling to pay me back.
Didn't his mom make a "verbal contract" with me by saying what she did?
And I called the place I purchased the woodburner insert from and they said for $150 they would remove it for me and I should put it on Craigslist to sell it.
Am I allowed to do that? My ex said it's considered a "house improvement" item and I am "sh*t outta luck". And is their any closed cases supporting my stance? Because I have learned the hard way, the judicial system is in my ex's back pocket so to speak because his mother knows A LOT of people at the court house.
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.

His mother didn't promise to pay the money back - she said she would if she could. This is not a contract with even the most liberal interpretation of a contract.

 

Also, if you voluntarily put the insert in the house - without an agreement that you would be entitled to it back if you were to split, you're going to have a tough time. However , you can claim ownership of it and try to recover it. If you meet resistance, you'll have to sue for the right to recover it.



Edited by Adam Kirk on 7/6/2010 at 4:21 AM EST
Customer: replied 4 years ago.

"She said that she did not have the money to pay for it or she would". She was saying she did not have the money to pay for it when the payment came due in May 2009. At that point in time she did not have the money to pay it off or she would of. That is why she said this:

She said to me that "I should pay it off and if something were to happen to us, she would make sure he did the right thing, or the right thing would be done and I would be FULLY reimbursed".

Expert:  Roger replied 4 years ago.
There is no contract unless she promised to pay you the money. Also, even if she promised you that she would pay, an oral contract is only good if it is completed within 12 months. Thus, if the contract isn't completed within a year, it is void as a matter of law under the statute of frauds (says that any agreement that is to last more than 12 months must be in writing).
Roger, Attorney
Category: Family Law
Satisfied Customers: 26596
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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