Breach of Fiduciary?

[tball]

What is the name of your state? Florida

This may not be fiduciary in the traditional sence, but my research indicates it would apply and I'm looking for further input and clarification.

My former fiance and I purchased a home in her name in April of this year and agreed in writing that we would quit claim it in both our names after moving in. I gave her money towards the closing. I had never purchased a home and her mother works in the mortgage industry, so she had advice. I know it's nieve but I didn't know that because the mortgage was in her name that we couldn't both be on the title at closing. She appearently knew this and presented it to me otherwise. So I wasn't even at the closing I was with her for five years, engaged, and as such I trusted her entirely.

Two months after moving in and finally getting settled, we agreed we would sign the deed the next week. Days before that happened, she ended our engagement and told me she wanted me to move out. I took a month off for the move and she took off three days.

Now I know the question is, what happened that she ended the engagement, well the answer is, I still don't know. Four days before she ended it, we were picking out wedding invitations. The night before we sat on our back porch, talking, having a drink. There was nothing that precluded her ending it, no sign or indication whatsever.

She started and argument about a bill we discussed the night before with no problems, and within minutes stated she didn't want to marry me and wanted me to move out.

There is plenty of other evidence that would indicate she planned this long before we moved in to the home.

 

[LindaP777]

What was your question?

 

[nextwife]

WHo do you claim has a fiduciary duty?

 

[tball]

WHo do you claim has a fiduciary duty?

My former fiance. I only agreed to purchase the home under the agreement that it would originally be in her name, and later signed to both our names, since we were together for five years and engaged at the time we bought the house. She was in a position of trust regarding the property since it was originally title in her name.

She would not own a home right now were it not for that agreement and her violation of it.

She would not have been able to buy the house without me, now she claims it is her house, and on paper it is, but she gained a house that would have been in both our names, by breaching the position of trust she had as my fiance. We have it in writing and I would not agree to purchase a home under those conditions unless she was my fiance and I trusted her.

 

[tball]

What was your question?

Is the above scenario considered breach of fiduciary?

The property was purchased in her name in trust that she would sign it into both our names after purchase, and in trust that I was with her for five years and engaged.

I would not agree to such terms with just anyone.

Days before she dumped me she suggested we should put all our money, not into a joint account, but into her existing account, so she could manage it. Didn't happen.

She also got very strangely upset when I made any permanent improvements to the home, as nice as they may have been, as if she knew she planned on doing this and was worried about me putting money into the home.

Is this considered breach of fiduciary and if so what can I reasonably expect to ask for or get out of this.

She basically stole the home from me, it's in her name.

 

[nextwife]

Is the above scenario considered breach of fiduciary?

The property was purchased in her name in trust that she would sign it into both our names after purchase, and in trust that I was with her for five years and engaged.

I would not agree to such terms with just anyone.

Days before she dumped me she suggested we should put all our money, not into a joint account, but into her existing account, so she could manage it. Didn't happen.

She also got very strangely upset when I made any permanent improvements to the home, as nice as they may have been, as if she knew she planned on doing this and was worried about me putting money into the home.

Is this considered breach of fiduciary and if so what can I reasonably expect to ask for or get out of this.

She basically stole the home from me, it's in her name.

So, in order to BREACH fiduciary, one must HAVE a fiduciary relationship.

Are you claiming that your ex GF had a fiduciary responsibility to you? A fiduciary relationship? Please explain in what capacity she was acting as a fiduciary?

 

[las365]

I think your real questions are:

Did your ex defraud you into giving her the money to buy the house?

Do you have an ownership interest in the house because you gave her money to use toward the purchase?

You may have a valid claim to get your money back if she induced you to give it to her under false pretenses. You probably do not have a claim on the real property. See a lawyer for a consult and depending on the amount of money in controversy, filing a suit in smal claims court may be your best strategy.

I am not a lawyer and this is not legal advice.

 

[tball]

I think your real questions are:

Did your ex defraud you into giving her the money to buy the house?

Do you have an ownership interest in the house because you gave her money to use toward the purchase?

You may have a valid claim to get your money back if she induced you to give it to her under false pretenses. You probably do not have a claim on the real property. See a lawyer for a consult and depending on the amount of money in controversy, filing a suit in smal claims court may be your best strategy.

I am not a lawyer and this is not legal advice.

Thanks.

I did give her money and no she has not given it back. plus other money I put into the home. But my issue is not the money. She is now in posession of a property that niether of us would have been able to aquire without the other.

I could just as easily make the full monthly payments myself, as she could as well, but neither of us would have a home if it werent for the other, and now I don't have anything.

The only reason she has posession of the home is because it's in her name but she broke a written agreement saying we would buy it in her name and then title it in both our names. She had also purchased a home before, and mislead me through the purchasing process, in her advantage. For example, while I agreed to it, keeping me off the mortgage was her suggestion. This is where the fiduciary duty would come in.

She would not own a house were it not only for my money, but my trust in her as my fiance to purchase the home under these conditions, in trust that we would sign the qc deed 60 days after moving in. She coincidentally asked me to leave 4 days before we were to sign the deed.

 

[tball]

So, in order to BREACH fiduciary, one must HAVE a fiduciary relationship.

Are you claiming that your ex GF had a fiduciary responsibility to you? A fiduciary relationship? Please explain in what capacity she was acting as a fiduciary?

We purchased a property with her, in her name, under the agreement, and in trust as my fiance, that we would quit claim it in both our names 60 days after moving in. She handled the purchasing and financing and kept me off the mortgage.

I only agreed to these terms in trust of the fact we were together five years and engaged, as my fiance, she violated that trust and got a house out of it.

 

[tball]

So, in order to BREACH fiduciary, one must HAVE a fiduciary relationship.



Are you claiming that your ex GF had a fiduciary responsibility to you? A fiduciary relationship? Please explain in what capacity she was acting as a fiduciary?

Yes I am. She was not my ex girlfriend, she was my FIANCE. I'm claiming she breached fiduciary duty by not signing the deed as agreed. It obviously took TRUST to by the house under these conditions.

The house was purchased under certain conditions in TRUST of the fact we were engaged to be married and had a planned wedding date.

EXCERPT
The fiduciary duty is a legal relationship between two or more parties (most commonly a "fiduciary" or "trustee" and a "principal" or "beneficiary") that in English common law is arguably the most important concept within the portion of the legal system known as equity. Husbands and wives are not presumed to be in a fiduciary relationship; however, this may be easily established. Similarly, ordinary commercial transactions in themselves are not presumed to but can give rise to fiduciary duties, should the appropriate circumstances arise. These are usually circumstances where the contract specifies a degree of trust and loyalty or it can be inferred by the court.