X-fiance's demands

[crazzzed]

My boyfriend of 6 yrs. recently asked me to get married. We've had a tumultous relationship, however we decided to get married in Feb. 2001. My family, including my children have no love lost for this man. He has experienced a divorce in the past, and requested we get a pre-nup prior to our marriage. In the pre-nup agreement it stated any liabilites prior to the marriage, we were each responsible for our own debt. Then after the marriage, we would split our living and any future debt acquired 50-50.(I live in a community property state for married couples.)I informed my children of our future wedding plans- the children went balistic. I called off the wedding plans for now. He then terminated the relationship! The pre-nup was never signed off by our attorney's or us. He now wants me to reimburse him for all of "his" attorney fees, airline tickets for a trip that we planned in the near future and any cash outlayed for my home repairs, and lastly, money he gave to me for a major purchase. (The money for the major purchase was given to me prior to the marriage proposal.) I gave him a check for items he paid for my home repairs. I informed him I would pay him back for the major purchase after the first of the year and would be willing to write an IOU to support that statement. He wouldn't take the check! He wants the money he paid out for all of the above expenses in one lump sum. I told him forget it. He said I'll see you in Small Claims Court! How are the courts viewing these issues and what is my chance of having NOT to pay him back; with the exception of the items I stated I would reimburse him for?

[Edited by crazzzed on 01-04-2001 at 08:04 PM]

 

[JenniferH]

I would say he would have a very hard time winning in court since HE was the one who initiated the prenup legal expenses.

Tell him ok take me to court. When and if you get the papers from ct. file or show up and show your proof.

His attorney? Did you sign any papers for hiring attorney?

Get it! I think the judge will laugh in his face. Altho, he might award compensation for the house repair etc, as you stated you were willing to pay. If he does get a judgment against you, he has all right to legally collect in any form: bank garn, wage garn, etc.

And, how much money are we talking about? Check the small claims court to see what the limit is.

Oh, and my 2 cents on prenups: If your mate can forsee divorce, then I wouldn't marry him! Setting you up for divorce and disaster! Move on. OH, and your first statement was: My boyfriend (well not any more!!!!) Just move on.

 

[JETX]

Just my $0.02 worth....

In my opinion, unless your 'ex' has any documents to support that his claimed 'damages' were loans, he will have a hard time showing a court that you need to reimburse him.
After all, the daytime 'court shows' are full of ex's who claim that money was loans and counter-claims of gifts.

My suggestion:
Be very careful what you say or put in writing to your 'ex'. It could be used to support his claims of 'damages' or loans. And if he indeed does file against you, then you need to file an answer with the court and appear at the required time. Speak your peace, and if as you have posted, the court will see through him and send him packing (as you rightfully did).