 Joint t/sue for return of downpayment.?
Live in Maine-have had joint tenancy with x-boyfriend for 8 yrs.-split in 10/01-agreed to divide up the property-we know about "partition' and that is our next step-just don't have the money to do it yet-appraisal, survey, refinancing, etc.. He is building a cabin on the property to live in-I have no problem with living together until his cabin is built-both are on loan papers and w deed-with initial loan we bought 37 acres--9 months later we sold 4 acres and a mobile home, paid off the initial loan then refinanced for a construction loan to build a house on the property. On initial loan we pooled our resources to buy property-he gave 17,000.00 cash, I gave a mobile home as collateral-still owed 12,050.00 on it, and I had the job/income history, and credit history to obtain the loan--he had none of this. With the refinance, the 12,050.00 was rolled over into the const. loan. We have always shared in property expenses-since 12/14/01 he has refused to pay his share of expenses and refuses to move out I am taking him to small claims court for his share of the expenses-I feel he should either pay or move out--says he will counter sue me for 4,000.00+ (limit for sc court here) becasue of the $17,000.00 he put down on our initial loan. We never had an agreement verbal or written that I was to repay him for this money-at the time we both pooled what we had to obtain the property. Question: Do you think the small claims court will order him to pay his share of the expenses, or find that I am responsible for payment of his countersuit, and allow him to continue living here expense free?- | 
02-13-2002, 01:08 PM
I agree that smalll claims court is not the place for his countersuit to my small claims action against him--but that is up to him. Bur, why shouldn't I pursue my action in small claims court? It is my understanding that as long as the action does not involve title to real estate, that I can pursue my action in small claims--I need immediate relief--he is not paying his share as he always has! What I want to know, is do I have a prayer to recover, and does he have a prayer in his countersuit?
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