Eviction...m

[Giggles]

Hi Soc,

The state is Maryland.  My X-BF and I have been living together for the past 4 years.  2 years ago he purchased the home we are living in now.  On April 4th he told me that he felt we should seperate and when I asked him how long he would give me to move out...he said to the end of the month.  I tried to find a place but with having 2 young children (5 & 8), both requiring child care (@ $800 a month), and rents over $1300 a month, there is no way I can afford it.  I found a program that will help low income individuals purchase a home but that is going to take at least 60 - 90 days.

My Questions:

1.  Can he just throw us out?

2.  Do standard Tennant/Landlord rules apply?

3.  If they don't apply, what actions would he have to take to get us out?

4.  If he decides to just start throwing our stuff out, what recourse do I have?

Thanks!!!

[socrateaser]

I need more facts:

1. Do you have any written agreement with your bf re the house or anything else?

2. Can you prove that you have shared the cost of living in the home (copies of checks, bills, credit/debit card statements)?

3. Can you prove that you worked to improve or maintain the home and/or that you have provided valuable service to your bf (other than sex) that you would ordinarily have been compensated for (cleaning, cooking, gardening, etc.)?

4. Has your bf threatened or actually committed any physical or mental abuse towards you or your children?

General comments.

It is possible that you could get a restraining order that would permit you to stay in the property for a reasonable length of time, necessary to find a new residence. And, it will be difficult for your bf to force you out if you tell the sherrif that you have been living there for 2 years. The deputy will walk away and call it a civil matter. Then your bf will need to institute a wrongful detainer action, and that will probably take 60 days before an order issues to have the Sherrif remove you by force.

However, as soon as you tell your bf that you're not gonna be out by the 1st, you could be looking at some serious hostility. This is a potentially dangerous environment, but he must watch himself as well, because if you feel genuinely threatened, then you can ask the court for an emergency protective order, and your bf will be ordered to vacate the premises immediately, which would give you extra time to deal with the situation. Such an order can be issued without an attorney representing you -- all you need to do is go visit the county court clerk and they will tell you how to proceed.

Just don't do this unless you actually believe you are in imminent threat of physical danger, because it's just as crappy for you to do it to him, as it is for him to be giving you 10 days to move out.

Also, it is possible to sue your bf for an interest in the house, however, this is a VERY tough case to make and the attorney fees will be substantial. If you think it's worth it to risk around $10,000 to fight for the house, then I suggest you call the State bar association and ask for a reference to the attorney with the most experience in dealing with "domestic partnership law."

Most attorneys, and most judges, don't have a clue about this area of law, because most people don't realize that they may have a case against a cohabiting partner's property interests. That's why I'm telling you that it will be expensive, and hard to find the right lawyer to represent your interests.

[Giggles]

1. Do you have any written agreement with your bf re the house or anything else?

No...no written agreement.

2. Can you prove that you have shared the cost of living in the home (copies of checks, bills, credit/debit card statements)?

Yes...I paid the electric, phone, water, cable and buy all the groceries and household supplies.

3. Can you prove that you worked to improve or maintain the home and/or that you have provided valuable service to your bf (other than sex) that you would ordinarily have been compensated for (cleaning, cooking, gardening, etc.)?

Yes...friends and neighbors know that I did most if not all the cleaning, cooking...he readily admits that I did ALL the cooking!!

4. Has your bf threatened or actually committed any physical or mental abuse towards you or your children?

He has spanked my kids on numerous occasions and sends them to thier room far longer than his own children.  When I complained about the differential treatment he stated "since DD doesn't live here all the time, she shouldn't be punished like the others".  He hasn't done anything physical to me...but he does have a domestic violence record.

I don't want any interest in the house...I just want the time necessary to get out of it.
Thanks!!

[Giggles]

I looked into Domestic Partnership laws....The house we live in was bought by him, he is on the deed, I am not.  However, he did state that he bought this house for "us".  

Questions:

1.  Would it be possible to get a portion of the equity based on quantum meruit?  The house has increased in equity by $100K in the 2+ years we've been here.

2.  What argument would I have to use for quantum meruit?

3.  Would it be worth fighting for this??  I am a single mom trying to raise 2 kids.  I don't have the money for an attorney, but if I could raise this argument and possibly get an out of court settlement?? Who knows???

[socrateaser]

>1.  Would it be possible to get a portion of the equity based
>on quantum meruit?  The house has increased in equity by $100K
>in the 2+ years we've been here.

It would probably be better for you to just ask what to do, rather than specify a legal theory, but, as you have done the latter, I'll answer you directly.

Quantum meruit is the legal theory of fair compensation for services rendered, when a contract is otherwise unenforceable. The issue is what objective proof do you have to prove to the court's satisfaction that you are entitled to compensation. The fact that your bf admits to you in conversation that you did all the cooking will be useless in court, because he won't likely admit that in front of a judge. And, just because neighbors say that you did X, Y and Z, isn't enough. You must be able to get those neighbors to testify in court that they personally witnessed you doing the services for which you claim compensation. Witnesses have a way of suddenly not remebering anything as soon as they think they may be subpoenaed to testify.

This not to say that you don't have a case. I just want you to realize that it's one thing to know the truth, and another thing to prove it in court.

So, the short answer is, yes you can get fair compensation using quantum meruit, but only if you can prove your contribution in court.

However, as to whether you can get an interest in the home on this theory, my answer is no. You have no legal interest (title) to the property, and quantum meruit is a legal theory of recovery, so, this is a dead end.

>2.  What argument would I have to use for quantum meruit?

See above.
>
>3.  Would it be worth fighting for this??  I am a single mom
>trying to raise 2 kids.  I don't have the money for an
>attorney, but if I could raise this argument and possibly get
>an out of court settlement?? Who knows???

I don't know how good you are at self representation in court, so I can't answer. You can certainly try small claims for some compensation, but if you really want to hit a home run, you're gonna need to go to the regular civil court and that requires a lot of understanding of the process. Because, you're not married, the court is not mandated to give you quite the same lattitude as it does with pro se litigants in a legal marriage.

If you really want to attack the house issue, then the correct action is quasi-contract, i.e., an equitable action stating that the other party has received an unjust benefit at your expense. This theory does not require any intent on the respondent's part to deceive -- a benefit can be entirely accidental, but if you have a better right to that benefit, then the court can award it. This may still not get you legal title interest to the house (then again, it might), but it would force your bf to pay you fair market value for your contribution to the house, and allow you to get an equitable lien on the property so that it can't be sold without your being paid.

What you must prove is:

1. BF received benefit
2. You paid for it, either via cash or work.
3. It is unjust that bf keep the benefit.

So, if you prove that you worked in the garden, and that the property is substantially improved by your work, then bf would have received benefit at your expense. But, was that benefit unjustly received? Did you pay one half of the bills, but receive child support for children living in the home? BF could argue that you also received an unjust benefit, because you should have been paying more than one half of the house payments, in order to compensate for the children's use of bedrooms, wear and tear on the property, and so you owe BF for the unjust benefit that you received.

Point is that this sort of case is extremely fact based. You must itemize every possible income and expense item that you can think of for both parties and see who comes out ahead. Generally, if you can do this with an objective mind, and your accounting is provable and in the black, then you can win.

Can you get a settlement before you must prove all of this? Probably, but for me to say for sure, I'd have to read the MD case law on the subject, because some jurisdictions are very liberal in this area of law and others are very conservative. The issue for the court is that in a state that does not have common law marriage, the court doesn't want to be viewed as attempting to create it, when the legislature has already created a statutory marital structure to handle these sorts of disputes.

So, the court could just say, "Ms. X, you shouldn't have moved in without a marital commitment. Case dismissed." Or, it could say, "Mr. X, you shouldn't have moved Ms. X in without a written contract detailing your respective responsibilities, or, in its absense, a marriage license. Give her some money!"

As you can see, this is a very difficult legal subject with loads of twists and turns.

But, on balance, I'd bet that you could get something from a small claims judge if you prove up your case with loads of receipts and checks, etc. If you want the big score, however, you're gonna need a lawyer, in my opinion.

[Giggles]

You're a real Gem!!!

Just knowing that he can't throw me and the kids on the street is enough to satisfy me.  He didn't want me to buy a place because he didn't want our relationship to end...he said "I think we should seperate...I don't want to end the relationship...I just think we need to be apart for a while and after you get your place..we could go out..y'know date, go out to dinner"....Don't think so dude!!!

I am hoping it wont take much longer for them to qualify me for a house...they have all the information, it's now down to time.

Thanks again hon!!