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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42898
Experience:  Texas Attorney for 30 years dealing in real estate
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OKay. I had a girlfriend living with me years. I

Customer Question

OKay. I had a girlfriend living with me for two years. I bought a house in my name under a VA loan a year into the relationship and she moved in with me. For the duration of the time she lived with me she only paid about 1/4 of the mortgage but it was paid to me. She didn't pay most of the utilities but we purchased a washer dryer and refrigerator when I bought the house in her name. It was under a best buy credit card. Since she was paying for that bill of 129 per month, I excluded her from the 1/4 portion of the utilities to be fair. We used 1/4 as the percentage because she only made about 1/4 of my income. So last month she told me on the 1st of the month that she was leaving me and moved out three days later. She did not pay me the 1/4 of the mortgage amount for that month she was leaving. I let her move whatever she wanted out of the house. She came with her family and friends and a moving van and decided to leave the washer dryer and refrigerator and said she wanted to come get them later. At the time I was an emotional mess and didn't say either way about it. I was wanting to work things out with her. I told her whatever she wanted to do is fine. Now after a month of healing emotionally I'm able to think more rationally. I told her that she's not allowed to take her stuff from my house and I'm not going to pay her for anything because I did an analysis of the finances and feel that since I let her not pay the utilities for the last year that she owes me for that amount if she's wanting me to pay her for the washer dryer and fridge. She sent me a certified letter stating that if I don't pay her the amount of 2500 for all three items she wil be taking me to small claims court. I responded back right away with a certified letter with a narrative explaining that I would not be paying her for that because after my analysis she would have been paying the amount of utiliites as agreed. I also told her since she left without any notice without the next months warning and she occupied the residence for three days she owes me that amount of $550. I also informed her that she had every right to take what she needed when she lived in the house and I gave her the opportunity to move out when I was at work. I told her I would rather take my chances in small claims court. So the question I have is 1. do I stand a chance if she takes me to small claims court on this issue. 2. Would I be expected to pay court fees since she is the one that left the stuff there and I gave her that chance to take what she thought was hers. She took other things like a bedframe and a papason futon chair that was mine as well. I feel like she took advantage of my emotions during that whole time and I don't want to be taken advantage of now that I am in a more stable emotional state. There is no written agreement on the agreements we verbally made as far as when we purchased the appliances nor when we did the bills. As far as I understand possession is 9/10's of the law and the only real proof she has of an agreement is her credit card statements and the emails where I initially said "whatever you want is fine I just want to work things out with us". So what are my chances here.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA .Ray here to help you today.Let's go through these. 1. do I stand a chance if she takes me to small claims court on this issue.Yes it was a verbal agreement , if she sues she has to prove it all.Also you have some pretty good numbers to dispute all of this if sued here.It will be a she said/ he said thing since nothing in writing.The fact she left without any notice is a good defense as are others that you were harmed here too. 2. Would I be expected to pay court fees since she is the one that left the stuff there and I gave her that chance to take what she thought was hers. She took other things like a bedframe and a papason futon chair that was mine as well. I feel like she took advantage of my emotions during that whole time and I don't want to be taken advantage of now that I am in a more stable emotional state. No fees unless she wins then she would get these ins a judgment.My suggestion here is compromise maybe a $1k or so here to resolve it, somewhere in the middle--thats likely what judge does and splits it.There is so much she said /he said here the judge likely splits this somehow.The judge tends to follow the old adage truth is in the middle. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 1 year ago.
I appreciate the chance to help you today.I wish you the best here.
Expert:  Ray replied 1 year ago.
If you can positivve rate it is always much appreciated.