minkyboodle
Junior Member
What is the name of your state? FL
Former partner and I lived together for 10 years, pooled income, acquired stuff, adopted kids, moved to florida, split up, shared custody, but the division of assets has gone nowhere. I've got years of bank records showing the pooling of incomes and sharing of expenses and acquisition of assets, but she always made more (except for the last two years) and she always administered the money, and everything was in her name, besides joint bank accounts and one piece of land (private paper).
We never wrote out the terms of the partnership, so I have nothing but my say-so that the arrangement was always share-and-share-alike. And she's going to say no it wasn't, that I was just some barnacle or passenger or whatever. She kept everything titled in her name except for a piece of land that she already surrendered to foreclosure.
What evidence can I possibly use to get a constructive trust imposed? The unjust enrichment is obvious, since she kept everything, but how can I say there was fraud or undue influence when I agreed to let her handle all the money? (Of course, I didn't agree that I was contributing everything I made and all my time for her sole benefit, but...)
Going to depose the defendant tomorrow. Don't really even know what to ask..."Do you actually expect everyone to believe that the plaintiff just gave you everything she earned and cared for the home and children and never saved a dime on her own, but let you have her money to invest for your OWN benefit?" Yeah, right...
Trial this week, lawyer doesn't have a clue... Do I have a prayer?
Any suggestions? Any hope?
Former partner and I lived together for 10 years, pooled income, acquired stuff, adopted kids, moved to florida, split up, shared custody, but the division of assets has gone nowhere. I've got years of bank records showing the pooling of incomes and sharing of expenses and acquisition of assets, but she always made more (except for the last two years) and she always administered the money, and everything was in her name, besides joint bank accounts and one piece of land (private paper).
We never wrote out the terms of the partnership, so I have nothing but my say-so that the arrangement was always share-and-share-alike. And she's going to say no it wasn't, that I was just some barnacle or passenger or whatever. She kept everything titled in her name except for a piece of land that she already surrendered to foreclosure.
What evidence can I possibly use to get a constructive trust imposed? The unjust enrichment is obvious, since she kept everything, but how can I say there was fraud or undue influence when I agreed to let her handle all the money? (Of course, I didn't agree that I was contributing everything I made and all my time for her sole benefit, but...)
Going to depose the defendant tomorrow. Don't really even know what to ask..."Do you actually expect everyone to believe that the plaintiff just gave you everything she earned and cared for the home and children and never saved a dime on her own, but let you have her money to invest for your OWN benefit?" Yeah, right...
Trial this week, lawyer doesn't have a clue... Do I have a prayer?
Any suggestions? Any hope?
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