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I know this would be case of civil litigation, if I even…

I know this would...

I know this would be case of civil litigation, if I even have a case. Lived together with boyfriend for 5.5 years. We verbally agreed he would make money and I take care of house, dogs and my daughter. He didn't want to get married because bad experience with ex-wife. One month ago out of nowhere he decided to toss me out, sell the house and go live on a sailboat by himself. He refinanced the house while me and my daughter were living here. Then he told us he would help us out, when is selling the house. Then changed his mind and became really mean and tossed me on the street and let my daughter stay till house sells. Can we sue in civil court? amanda

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

I know it's not a common-law state. I'm reading about Marvin action

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He wants to just drop us on the street with debt (my Amex) that we used for his amazon account and common household expenses. And now he says it's my debt only. He has a card on it too

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Answered in 5 minutes by:
1/17/2018
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 40,117
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If he promised to support you for life and you gave up a career based on his representations, then you might be able to maintain a claim for "palimony" (i.e the Marvin case) if you represented yourselves as married, used the same last name, filed taxes together as a couple, held bank accounts together etc.

.

But the down side is that no attorney would take this case without a $10,000 up front retainer to start and they wouldn't guarantee any results..

.

And to be honest, after only 5.5 years, this is a very long shot..

.

As for the card debt, if it was jointly incurred for both your benefit and he agreed to repay you, then you can sue under a breach of oral contract for that money..

.

.

thanks

Barrister

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Customer reply replied 1 month ago
We didn't use the same last name, and promises were verbal. But if I filed myself in civil court, and he is trying to sell his house as fast as possible, would that hold up sell of the house? He's running out of money and need to sell asap.

But if I filed myself in civil court, and he is trying to sell his house as fast as possible, would that hold up sell of the house?

.

If you filed suit, and then filed a "lis pendens" which is a legal notice of action against real estate, in the local land records office, that could scare off any buyers as it clouds the title.

.

So that could encourage him to settle with you so you would drop the suit and release the lis pendens..

.

.

thanks

Barrister

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Customer reply replied 1 month ago
if that didn't work, I could always sue in small claim for debt right, that incurred too.

Correct.

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 40,117
Experience: Attorney with 17 years experience
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Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thanks
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Barrister
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Category: Family Law
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