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Who would win in a case like this?

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mrspr

Junior Member
What is the name of your state (only U.S. law)? Arkansas

M and B dated for over five years, and they lived together for the last 3 years in a rented duplex. Their arrangement was to split the bills in half. Rent plus internet and utilities was probably $475/month. A year into living together M lost her job. B paid for her half. After six months of job searching, M found a new job, but it was only part-time and she still couldn't afford her half of the bills. According to M, their arrangement was he would pay for all the bills as long as M kept the duplex clean. Eventually both parties became unhappy, especially B who resented having to pay for everything, and they broke up.

M moved out of the duplex, taking with her her clothes, dishes, pots/pans, and a few decorations. She left behind a washer and dryer that was purchased as a gift from her mom to, I assume, them for the duplex. After three months of not being together, M tells B that she wants to pick up the washer and dryer. B replied that she can pick it up when she pays him back for the two years of bills he paid on her behalf. M doesn't do anything about it for three more months until she finds out that B is dating someone new. She then demands the washer and dryer back. B, again, states that she can have it back when she pays him $10,000 in back pay. M texts B that she can pay him some back, but it won't be $10,000 and she will have to make payments. B doesn't budge on his stance.

M is having to get copies of receipts and get a police escort to get her washer and dryer back. Does B have any right to take her to small claims court?

My assumption is that if she gets her washer and dryer back, and B takes her to small claims court then the ruling would be that she owes him something. Not $10,000 but something, especially since she told him via text that she would pay him something back. M claims that if he took her to small claims court, he wouldn't win because her name wasn't on the lease as a co-renter but only as a resident. I commented that it also looks bad that she had six months to try to get it back, but she waited until she found her he was dating someone. She claims that she had been trying, but one text at three months barely constitutes as trying.

Thoughts?
 


Zigner

Senior Member, Non-Attorney
The party that can present the most compelling evidence that their position is correct within the law is likely to win.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Arkansas

M and B dated for over five years, and they lived together for the last 3 years in a rented duplex. Their arrangement was to split the bills in half. Rent plus internet and utilities was probably $475/month. A year into living together M lost her job. B paid for her half. After six months of job searching, M found a new job, but it was only part-time and she still couldn't afford her half of the bills. According to M, their arrangement was he would pay for all the bills as long as M kept the duplex clean. Eventually both parties became unhappy, especially B who resented having to pay for everything, and they broke up.

M moved out of the duplex, taking with her her clothes, dishes, pots/pans, and a few decorations. She left behind a washer and dryer that was purchased as a gift from her mom to, I assume, them for the duplex. After three months of not being together, M tells B that she wants to pick up the washer and dryer. B replied that she can pick it up when she pays him back for the two years of bills he paid on her behalf. M doesn't do anything about it for three more months until she finds out that B is dating someone new. She then demands the washer and dryer back. B, again, states that she can have it back when she pays him $10,000 in back pay. M texts B that she can pay him some back, but it won't be $10,000 and she will have to make payments. B doesn't budge on his stance.

M is having to get copies of receipts and get a police escort to get her washer and dryer back. Does B have any right to take her to small claims court?

My assumption is that if she gets her washer and dryer back, and B takes her to small claims court then the ruling would be that she owes him something. Not $10,000 but something, especially since she told him via text that she would pay him something back. M claims that if he took her to small claims court, he wouldn't win because her name wasn't on the lease as a co-renter but only as a resident. I commented that it also looks bad that she had six months to try to get it back, but she waited until she found her he was dating someone. She claims that she had been trying, but one text at three months barely constitutes as trying.

Thoughts?
I doubt very much that any ruling would be that she owes him anything at all. They were living together and absent some sort of written agreement that she was to pay him back for paying household expenses, she owes him nothing.

The washer and dryer clearly belong to her and there are going to be problems if he doesn't give them back.
 

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