Long-time co-hab w/kids...IMPLIED TRUST?

[minkyboodle]

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, even though she kept everything titled in her name except for a piece of land that she has already surrendered to foreclosure rather than let me take over payments... if that's not malice, I don't know what is...

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...)

Depo for the defendant tomorrow, trial later this week, lawyer doesn't have a clue... Do I have a prayer?

 

[LdiJ]

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, even though she kept everything titled in her name except for a piece of land that she has already surrendered to foreclosure rather than let me take over payments... if that's not malice, I don't know what is...

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...)

Depo for the defendant tomorrow, trial later this week, lawyer doesn't have a clue... Do I have a prayer?

I am not sure that I have a clue either. However if the land was in both of your names, how was she able to STOP you from taking over the payments?
If the mortgage on the land was in both your names, the foreclosure could effect your credit as well as hers even if it was "private paper". If so, you may want to contact the lender, explain the situation, and express your willingness to assume responsibility for the contract.

 

[anabanana]

I didn't know anything about it until the foreclosure was a fait accompli and the land was sold to someone else...

What sort of lawyer would be best to tackle this? This is not really trust law, strictly speaking, but I thought perhaps someone who specializes in trusts in general would be better versed in constructive trust, which apparently is hard to get...

 

[leafinator]

Common law marriage?

The only suggestion I can make is to see what Florida says about common law marriages.