taken to the cleaners

[temple]

State: Texas I will try and be brief. Got engaged in 91 and went looking for a house to buy together. I put my then smaller home up for rental. Found a house...expensive and large, and purchased it together. My home was being rented out. Lived there for for 7 years...his salary being 1/3 of mine, he was always buying some new, big-boy toys. From exotic hunting trips to trips to the Caribbean, new automobiles, and a Harley Davidson. In 1992, when interest rates were very low, we refinanced both homes at lower rates. At this time I added him to the mortgage on my rental home. Retained same financial/income status through mid-1995 when he began speaking abt filing a ch 7. Against my wishes, he liquidated all joint owned stocks, travel trailers, etc. Gave me 1/2 of proceeds (we had separate bank accounts) for each item sold. In October 1995 he filed the ch 7. I was concerned abt how my finances/property may be affected, but he and his attny both assured me I would not be affected in the least. March 2006. He vacated home midday while I worked. Came home to an empty house and soon learned he had stayed long enough to keep the court's mailings from me until after the last date to file as a creditor. Also listed rent house as hvg 1/2 interest in on schedules. 2007...His case was discharged and will be able to close as no asset as soon as I purchase his interest in my rental home by rebuying it from the trustee for 15k. Have depleted all retirement/savings accts as hv been paying attys to keep him from partitioning the home we bought together...as he demands a 20k buyout. Along with all the upkeep and bills for both houses as rental home has been vacant now for a yr. Cannot sell or rent either property as they have been clouded by the courts since 2005. The only things still in both our names are the rental home...which will become mine after i buy it back and the larger home, which he is demanding his 20k dwn pmt or will partition....and the motorcycle, which is paid for. Only last month he bought a 400k new home in his and another womans name. I hv not received a dime from him since March 06...case is still open pending my payment...surely I have SOME RECOURSE!

[JETX]

Your post makes NO mention of your divorce proceedings... and your settlement discussions to obtain equity.

[temple]

we were nvr married, so there was no divorce....we hve only had settlement discussions on the house bought together, which is demands 15k and for me to sign off title to the harley davidson, in order to sign over shared home.

he nvr wanted the other house and nvr claimed it on tax returns or anything else. hv a letter, in his handwriting, stating he would not demand anything from that property, as it was mine.

please help!

[JETX]

Originally Posted by temple

we were nvr married, so there was no divorce.

After living together, purchasing a house together, merging a mortgage (on your house) and very probably purchasing furniture, cars, having joint checking accounts, etc.... I would certainly assume that your relationship meets the requirements of a Texas informal marriage.

In Texas, a finding of the existence of a common law or informal marriage is only justified if the evidence shows that the parties agreed to be married, that they lived together in Texas as husband and wife, and they have publicly represented themselves as married. All three of these requisites must exist at the same time. In addition, the common law marriage without formality statute precludes proof of the existence of an informal marriage if the acts occurred in a state other than Texas.

If you met those requirements... you ARE married in Texas. And if you meet those requirements... you MIGHT have a chance.

[temple]

We were not married....although I did get suckered into buying the rings....on a cruise I also paid for....The motion to sell states I would be purchasing his interest in order to resolve "title issues"...I hv no title issues, because the title only has MY name on it. And the warranty deed only has my name on it also. The only things bearing his name are the Deed of Trust and the Mortgage...why would I ever buy someone else's debt on property I own...the only "interest" I can make out is that of half of the debt....on his schedule he listed the property as an asset, with his intentions "to be assumed". I asked the trustee if I could produce all the backpayments of EVERYTHING relating to the house, showing only my $ out of my individual acct paid, it would show he had no equity or interest, right? Apparently not. Even produced 30k in ORIGINAL RECEIPTS and ACCOUNT DOCS that he did not declare on his schedules and still owns! Judge has set a hearing since I hv not withdrawn my "motion to dissolve lis pendens". Any suggestions would be welcomed...

[JETX]

If you weren't married, you are screwed... in more ways than one.
You have no claim.

[temple]

could you please elaborate, then, on the "many ways" that you insist I am "screwed", and your best advice on how each should be handled/remedied? Surely you arent assuming I would just give up?

[moburkes]

Duplicate post

[moburkes]

Originally Posted by temple

could you please elaborate, then, on the "many ways" that you insist I am "screwed", and your best advice on how each should be handled/remedied? Surely you arent assuming I would just give up?

One way that he probably meant screwed, was that was some EXPENSIVE sex you paid for.

[JETX]

Originally Posted by temple

could you please elaborate, then, on the "many ways" that you insist I am "screwed", and your best advice on how each should be handled/remedied? Surely you arent assuming I would just give up?

Yep... PM me with your personal information and I will send you an attorney-client agreement. My fee is $450 per hour.