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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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A woman I owned a home with stole nearly $50,000 in money

Customer Question

A woman I owned a home with stole nearly $50,000 in money and some jewelry from me and then when court proceedings took place, her attorney simply stated he felt his client was incompetent and just that easily she was granted the protection of incompetency with no downside to the same. In fact the court allowed her to remain in the property after it was ordered that I could sell the home and in spite of me having paid the home payments in full to avoid foreclosure even after she was ordered to pay them in full herself at a previous hearing. At the sceond hearing when the truth was going to be exposed about what she had done, the incompetency was granted and she was allowed to remain in the property in spite of motions made for her to be removed due to the condition she had put the home in which was only 6 years old and letter from 3 different realty companies stating they could not list the home at their suggested market value due to the amount of stuff she had in the home cluttering it up so badly in effort to discourage potential buyers and to spite me for only finding out she had stolen so much from me. The court has not viewed us a common law married yet it seems she is getting away with taking the money in spite of admitting to the stealing on record several times. My question is what is required for the court to reasonably grant the incompetent condition? I do not believe she is incompetent because she was competent enough to know she needed to hide the fact that she had stolen the money from me as hse had over the 3 years she took it from me over a 13 year relationship almost 7 of which we owned this one single property together and she had no right to the accounts that she stole the money from and accessed them via atm cards that she had attained the pin numbers to by way of my iphone which unbeknownst to me, she had backing up to her laptop each time I was in the reach of the wifi signal as the pin numbers were stored inside an app on the phone. How could incompetency be so easily attained? She even taunted me with this and told me she knew I wasnt getting treated fairly in court and assaulted me several times which was also caught on video but not presented in court by my attorney who I believe is working with her attorney behind my back as they have wound up with the equity of $55,000 in a trust account after creditors I had no idea she owed took $15,000 of the equity upon closing to the new owner was paid and it looks like from the way things have gone I will never get much if 4,000 is only $5000 more than I paid down on the place before purchasing the property and I feel entitled to that due to having to pay the home out of foreclosure and because she stole the nearly $50,000 from me not to mention the money that nearly totals this that I paid down on the porperty nearly 7 years prior and having made half of the payment each month with her up until the past year in court of which I paid all of the payments entirely outside of 2.5 months worth. What the hell is going on? I am on the brink of financial ruin and she has gotten away with so many things without any repercussions plus she had a place to live for a year nearly rent free and got her credit cards paid off. How can this happen and so grossly be mishandled by the system?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Oklahoma and yes, I filed for partition suit against her a year ago this month after she had filed for a protective order against me after coming to visit me for a weekend after Id moved out of the home to get away from the arguing that frustration had caused for me due to her refusing to clean the property and not allowing me to clean it either. She sis not get the protective order and from that point forward it has all gone downhill. I had an attorney with me for that hearing although she did most of the toalking (almost 45 minutes worth) and then after she did not get the order, she got an attorney and it has been a train wreck for me since then.
JA: Have you talked to a lawyer yet?
Customer: Yes, I have had an attorney the entire time this has gone on for a year now but I do not feel he has made my case. I got nearly 3500 pictures and nearly 150 videos from her cell phone which incriminated her for the actions she had commited with me being the victim of them but only 4 pictures I think were shown of the 4-5 hearings weve had and the pictures and videos show the assults, she confessions of her stealiong the money, evidence that she became addicted to pain pills due to having acute Rhuematoid Arthritis including the color, shapes, sizes, inscriptions and persons she bought the pills from and even the price she paid for most of them ranging from $50 every week or so which escalated to nearly $1000 every 10 days or so but nine of that has been exposed nor have the pictues I took of nearly 200 prescription medication pill bottles she had many of which had the labels removed or marked out and scores of pills in her car underneath the seats and behind the bed where she had dropped them occasionally and didnt find them or even try or find them perhaps.
JA: What advice did they give you?
Customer: "Lick my wounds and go on and dont shack up with a woman"
JA: Anything else you think the lawyer should know?
Customer: That I dont think me "shacking up with a woman" is grounds for her to steal from accounts she has no right whatsoever to and that I thought the separation of church and state granted me the right to shack up with a woman even if he or the judge or anyone else for that matter finds immorally wrong and even if it doesn't offer me that civil right then why isn't she under the same scrutiny I am and that I believe he has done a poor job with making my case and an excellent job of robbing me just as she has only i think he is worse than she is because he is under oath to protect my rights as my attorney and having already been paid to do so.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
How was she found to be incompetent in court without some medical or psychological testimony and evidence? They cannot just find her incompetent without that proof to the court?
What is your attorney doing at this point with your case?
What is your specific question for us about this situation?