Legal right of ex-fiance?

These questions concern laws in Harris County, Texas. I lived with a man for five years, the last two of which we were engaged. On May 30, he threw me out of home and pulled the engagement ring off my finger claiming that "I am not sexy, I am slow and stupid, etc." Luckily, I have a good friend with an extra room. On top of throwing me out, these are the other things he has done against me since we split up: refused to return my computer for two weeks stating that his financial info was on the hard drive (he has his own at work), took credit for some of my photographs of rock artists on a web page he created (I am a freelance photographer), refuses to return the engagement ring or any of the gifts of jewelery he gave me during the time we were together. He claims to have mailed them per my instructions; I have not recieved them and he says that's just my loss. I have reason to believe he pawned these items. I filed a copyright infringement against him with the website and they were removed. I need these computer disks returned, they were missing when I was able to recover the computer. I am worried about filing a civil suit because he has all the receipts I would need to prove owenership, all I got back were things of immediate need such as clothes, cosmetics, my camera, etc. I have emails from him refusing to return the computer "until he gets another one" and also one that values the jewelery at $700, engagement ring included. I was not on the lease of the house; however, the landlord was friendly with us and we leased on a month to month basis, and I only remember seeing a lease on two occassions. I believe I was at work when these were signed. The landlord was aware of our relationship as a couple when we moved in and also of our subsequent engagement, so I believe he would be able to testify that I lived there. Also, my name was on the utility bills. No joint bank accounts or filing of joint taxes though. He is also keeping my dog. The only thing in his favor as I see it is that he is paying off my car in the amt of approx $1700. This is a loan through a friend, not a financial institution. When I called to check the status of payments, my ex called me at work and quite angrily told me to stay out of it and to question the status showed "no class on my part". He believes that a paltry $1700 will allow me to rebuild my life and a new household. Do I have a civil or domestic violence claim? The domestic violence would have occurred when he forced me out of the house and pulled the ring off my finger. Also, I have many emails to prove my case. Is this type of correspondence admissible in court? I do have friends that will testify that we were living together as a couple and were engaged. They have all seen the ring and the gifts in question and all of my property in that house. All I lack is the paper evidence that the amount I would be suing for is equal to the value of the property. I am more than willing to have my friends and even his in court to substantiate my claim. Any advice would be greatly appreciated, this is such an unusual situation that I do not find it covered in any of the FAQs of the self-help legal sites. Thanks in advace.

------------------
trish

I am affraid that you are a little late to charge the Domestic violence issue... but, you do have recourse by going through small claims court.
Basis being:
He has kept your equipment for a period of time, making it impossible to work to earn a living, he could have to pay you for all money you *could have* made during that period of time.

The copyright infringement issue, you should be paid for his use of your pictures on his website.

If I am not mistaken, since he was the one to call off the engagement you should have been able to keep the ring. (IAAL or LB wil correct me if I am wrong)


If the jewlery was given as gifts, he could have to pay you for the replacement cost if he does not have the jewelry any longer.

I would go to your nearest JP office and ask them how to handle this, I believe that it would have to fall under a certain $$ amount to be handled in small claims.

Good Luck to You...

I was looking through the Family Law code to see if TX still recognizes common law marriages also and all I could find was this:

§ 1.108. Promise or Agreement Must be in Writing


A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997


I do not think you could claim common law marriage anyways, most states that do recognize common law marriages has guidelines that would have required joint accounts, presenting yourselves as being married etc... and from what you have said above I do not believe that would be applicable.



[This message has been edited by Invisible Blonde (edited November 08, 2000).]

Thank you so much. I will pursue on a civil level and hope that someone in the JP's office can give me detailed information about what to expect. I wouldn't try to claim commonlaw marriage, even though our lives were quite intermingled, there were not joint accts. Do you think I can file for illegal eviction and/or pain and suffering/ relocation costs? Thanks again; you've been very helpful