Personal Property

[stryi]

State: CT

After moving in with my boyfriend at the time a year and a half ago (11/05), we have done a number of renovations on a condo registered in his name. We have also bought a new kitchen including cabinets that are now hung on the wall on my credit card. At the time we were dating, he said it was our place which prompted both of us to invest in the renovations. After we broke up and since it's officially his place (all paperwork is in his name), he will not return the money to me for the renovations. I would like to take him to court to either get my money back for the renovated items he wants to keep (kitchen, new carpet, new closets, etc) or get my "property" back since for example the kitchen is charged in my name with a credit card receipt to prove it. How do I go about filing and making my case? The total of my investement at this time exceeds $14,000.

 

[ForFun]

It sounds like the items you bought are "fixtures," which means that they are permanently attached to the real property and become a part of it, as opposed to "chattel," which are not permanently attached to the real property and do not become a part of it.

I make the distinction between fixtures and chattel because it will be assumed that you did not intend to retain ownership of the fixtures (i.e. when you bought and installed the cabinets, you didn't think "if I move out, I'll just take these cabinets with me"). It would be easier to prove that you intended to retain ownership of chattel since chattel is easily removed (a TV, for example).

Accordingly, you cannot win a suit for the return of the fixtures themselves, leaving money as your only possible remedy.

However, you will only be entitled to monetary relief if you two had an agreement or understanding that your ex would repay you. Without such agreement or understanding, the fixtures will probably be considered a gift.

Don't take my post as gospel, however. I may be missing something.

 

[stryi]

The problem is that from here on it is a she said he said battle, however, if I was only renting the place and had an understanding that I wouldn't get my money back, why would I make $15,000 worth of renovations to it. He originally said it was our place and eventually we were planning to sell it, so I figured I would get the money from the sale for the improvements. It was stupid of me not to discuss the legal terms of my money investment in his condo, however, that is too late to change at this point and the credit card of mine has a nice balance on it that needs to be paid starting May.

 

[seniorjudge]

These kinds of cases are very common in small claims courts.

The judges call them "common law divorce cases".

Unless you can produce some kind of proof that your ex-friend agreed to pay for the stuff, then the judge will tell you that you made a nice gift to your ex-friend.

 

[ForFun]

if I was only renting the place and had an understanding that I wouldn't get my money back, why would I make $15,000 worth of renovations to it. He originally said it was our place and eventually we were planning to sell it, so I figured I would get the money from the sale for the improvements.

It is a good question -- why would you give your boyfriend a $15,000 gift? Depending on the length of your relationship and your customary gift giving behavior, it may seem obvious that you two had an understanding that you'd get your money back.

If I were the judge, you would have my attention right up until you say "so I figured." You can't just buy things for people and then "figure" you'll be repaid. The understanding has to be a bit more concrete. After all, he may have just figured that you were his sugar mama.

Did you two come to an understanding on some level that he would repay you?

 

[stryi]

The problem is that he will of course say that he never meant to repay me and I will say that he did. I have never given him a gift of more than $300 and that's only on Birthday and Christmas. I did not spend random money on him at all, neither do I have money to spend. What is the best way to approach this claim?