• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

ex says she gets it all

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

MadInMN

Guest
I live in Minnesota. I dated and lived with a girlfriend for about 3 years. She owned the house and I paid her a little more than half of her mortgage and half of all bills.

In February 1999 we decided we would buy a boat together. I was having some credit issues at the time and we decided she would apply for the credit in her name only so we could get a better interest rate.

We bought the boat - completely in her name. I insured the boat with my insurance company - her name was nowhere on the policy. I also rented a slip in a nearby lake where we would keep the boat for the summer - slip was in my name only. I arranged winter storage and maint. on the boat - storage agreement etc. was in my name only.

We broke up about 5 months after we bought the boat. Everything was pretty civil and decided we would keep the boat together and I would continue making payments directly to her for the regular boat payment. I got the boat one weekend, she got it the next, and so on. I continued to insure the boat and everything was fine ... until.

I told her that I thought it would be a good idea for one of us to buy the other out on the boat. She said that she would let me buy her out for $2500, but she would only buy me out for $1000. At the time, each of us had put in a total of $1600 towards the purchase price of the boat. There was no way I was going to pay her $2500, so not thinking a had much choice I agreed to her offer of $1000.

Well, the boat is sitting on the slip that I paid half for ($450 for the summer - it is in her name this year) and I can't use it. She won't return emails or answer calls. She did respond to one email saying that "You rented the boat from me during that time and got to use it ... simple as that".

I left a lot of things at her house when I moved out, just to be nice. Things that I purchased, kitchen items, snowblower, yard tools, exercise equip., even my dog that she begged to keep. I was more than fair and generous in what I took with me versus what I left behind.

Now I am thinking of taking her to court for everything I can think of that I left behind. I am not a very good receipt keeper and it would be tough for me to prove that I paid for everything - except my $500 dog.

All I REALLY want from her is the money she agreed to pay me ... $1000 for the boat. And I want her to give me my $450 for the slip payment that she is using. I can prove that I paid her that.

I can obtain proof of most of the checks I have written her, the insurance policy was in my name, storage in my name, 1st year slip in my name, etc.

What are my odds if I take her to court? Any advise?

Thanks very much!
 


JETX

Senior Member
Your 'odds' of winning are completely determined by what evidence you are able to present to the court, and what challenges (if any) that she can make against your evidence.
Since you will be the Plaintiff, the burden of proof is on you.

And since only you know what evidence you have to support your claims, only you can determine how solid your case is.
However, since you are only concerned about recovering the $1000 offered for the boat, do you have anything in writing confirming her offer?? If not, I would suggest that you try to get it. This could be done by sending her a certified RRR letter, detailing the agreement that she made (Heck, you might as well detail ALL the issues you brought up.. boat, insurance, dock, furniture, even the dog). Then include a 'demand for payment' for what you feel is owed to you. Close with something like... "In the event that I do not hear from you on these items and amounts within 10 days from reciept of this letter, I will assume that you acknowledge the agreements to repay the loans and amounts listed above."

Then, if she responds, you will at least know what her 'position' is. If she doesn't respond, you might be able to use the letter to support your position if you decide to litigate.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top