division of propety
Background: My Son built a new house on 5ac we split off of my 40ac farm. The bank paid out all the money ($240,000) to the builder who did not pay the subs or suppliers. We paid off the subs and finished the house our selves. Fall of 2005 he, his girl friend, and her 2 per teen girls moved in. We share a common lawn so I cut the grass for both houses. Someone broke into my garage and took the mowers and a number of other things. The insurance company would pay us $500 as the value of the mower or pay replacement value after we replaced it. My son’s and my credit were maxed because by finishing the house, so His girl friend financed the new mower in her name. A couple weeks later I got the check from the insurance company (about $5000) and signed it over to her to pay for the mower and give them money to catch up on some bills. She did not pay off the mower (about $3000). A year later all their bills, like her $650 car payment and the $200 payment on the mower was more then they made in a month but they could pay everything off with a loan against my home (which we put in my son’s name) and have a payment of only $450 a month. This loan required that they pay off all her bills, including a 10,000 plus credit card debt, the $25,000 loan on her car, and the $2500 loan on the mower. So basically the mower has been paid for twice, first by my insurance check and then again by the two party loan on my farm (the two parties being my son and her)
In April of 2009 she broke up with him threw the engagement ring at him, and moved out. She returned a couple of times to take more items out of the house plus to get cloths over the next week. Then my Son was arrested. Two days later she moved back into the house. She had permission from anyone to move back in but she insisted it was her right and the police would do nothing about it without a court order. We paid a lawyer $180 to write a letter that she was not allowed to live there and move out within a month. This was followed with a notice to quit. Both of which she ignored. During this time I was mowing both lawns. She had her Dad move in and he started mowing the lawns and parking the mower in my son’s garage (where she was living).
Problem: We are about a month away from when the bank will force her to move out. We sent her a letter with a split of the property. She will not consider it, everything is hers. She has removed the mower from the property- she says she gave it to her cousin.
The police will do nothing without a court order; they sent me to the court. The clerk at the court will not help saying that I have to know what forms to file and they can’t tell me what they are. I should hire a lawyer. I went to the prosecutor and they said they can’t help me, its civil hire a lawyer. Talked to a couple of lawyers they say no one every wins these things and they want $2000 up front. Suggested I sue in small claims.
So I’m looking for an informed opinion on this. If I took this to small claims would the fact that she first bought it be the deciding factor, of would the fact that it was paid for with a joint loan at a later date be considered? We are in Michigan.
