Questions to ask in court....

[Giggles]

Hey Soc...me again,

I gave a lot of thought to your suggestion about asking questions about the purchase of the home....what do you think of these: (provided he answers truthfully...grr)

Questions to ask in court:

1.   Prior to buying this house, did we talk about purchasing a home together?
2.   Did you state that due to us being together that we could purchase a home for us?
3.   Did you state that you wanted to purchase a home for us?
4.   Did you and I actively seek out this home together?
5.   Did I help you find this home?
6.   Did you have reservations about this particular home (too far from work)?
7.   Did you state that you purchased this home because it was the home that I had wanted?
8.   When we first purchased this home, did you state that you could not have afforded to pay the mortgage and all utilities on your own?
9.   When we moved into this home, did you state that this was OUR home?
10.   Did you state that this home was as much mine as it was yours?
11.   Did we agree that you would pay the mortgage and I would pay for the utilities, food and other house hold items?
12.   Are the utilities current and paid to date?
13.   Did you remove my key to the mailbox from my key ring?
14.   Did you state that you had planned on changing the locks to the house?
15.   **Earlier you stated that this was OUR house, what has changed that circumstance?

*Edited to add additional questions

[socrateaser]

You cannot go into court with the expectation that your opponent will answer truthfully about anything. You must craft your questions so as to catch him in a lie.

As far as I can tell, you have two pieces of hard evidence with which to try to accomplish this: (1) an AOL email thread, and (2) some checks/bills that may indicate payment towards ownership. So:

1. Please post the exact text of the email(s). Or, email them to me at [email protected].

2. Are any of the bills in your name?

3.a Do any of the checks that you used to pay bills state that they were either to pay property taxes or mortgage payments in their memo fields?

b. If #3(a) is yes, then are any of those checks written directly to the mortgage company or to the county governmental tax authority?

[Giggles]

Here is the AOL Im Thread: (he is Eaware3 and I'm akaGiggles31)

EAwARe3: anyways what I started to say was........I think we're gonna buy a house here soon...that is as long as you're interested in that?......I think I can see the light :-) I been thinkin (uhh ohh now we're all in trouble)
EAwARe3: but I think by the summer we should be able to do it
EAwARe3: thats another good reason why I need get all this fixed at cse
EAwARe3: u got wuiet?
EAwARe3: err quiet
EAwARe3: heh
EAwARe3: not interested?
akaGiggles31: sorry...wasn't at my desk...
EAwARe3: ahhhh
EAwARe3: so you interested?

EAwARe3: heh
akaGiggles31: Are you sure we could do it this summer?
EAwARe3: well I think we could yup
akaGiggles31: how?
EAwARe3: well you got close to 5000$ correct? (or am I wrong about that?) and Im pretty sure that I should be able to put together at least 3000 which adds up to $8000 that gives us $6000 for a down payment on 120,000 house and $2000 for closing etc.........now we can get sellers help on closing and then get a house more then 120,000 or also try save a little more and be able to get a little higher proce house...but point is its posible
EAwARe3: sorry it was actually too much to try to type out hehe
EAwARe3: but you get the point
EAwARe3: we couold do it
akaGiggles31: I suppose....but I think it would be best to talk about this later....
EAwARe3: yeah prolly would be......just its always on my mind thats all
EAwARe3: you do have about 5000 right?
akaGiggles31: yah...almost.  I used some to pay off my CC
EAwARe3: yeah thats prolly a good idea pay some of that off
EAwARe3: speaking of that I need remember to paythat zales
akaGiggles31: I only owe about $250 now...
EAwARe3: plus we get 1000 security deposit so can stretch things a bit thin when the time comes and squeeze out another 1000
EAwARe3: when you buy a house something else to remember they dont make you pay the 1st month so you get a good start
EAwARe3: which helps alot
akaGiggles31: yah...kewl
EAwARe3: you keep that 5000 in there and I bet I can make this happen this summer..........I really wanna try to do this this year cause I get the feeling that by next year the price of the houses is gonna be even more insane
EAwARe3: whixch worries me a bit
akaGiggles31: I dunno...I have a feeling rates are going to level off...hard to say...
EAwARe3: yeah they will but what will happen is that when we go to buy just about that same exact time so will alot of other people and itll start go back up again
akaGiggles31: true...
EAwARe3: so yeah itll be pretty stable the rest of this year but next year itll start to go up fast prolly depending on the economy etc
akaGiggles31: yup....and depends on the area where you buy as well....
EAwARe3: but point is...........you got 5000 and if I can put together 3000 then we add in the 1st months rent that we dont have to pay that 1st month (so I can borrow it from someone against that money) and plus the 1000 security gives me 5000 plus your 5000 and boom we got a house
akaGiggles31: yah..i guess
EAwARe3: same way I bought my other house squeeze every penny I could from everywhere I could hehe.........they dont make you pay that 1st month so you can stretch yourself thin as hell and have a month to recover
EAwARe3: we could do it Im almost sure of it
akaGiggles31: well...we'll talk about it later
EAwARe3: you dont sound to enthused?
akaGiggles31: Well...I'm at work and I'm kinda busy...sorry
EAwARe3: dont ya wanna see me hard at werk painting walls and installing shelves and shit? heh
akaGiggles31: it's not that...
EAwARe3: Im not 100% sure but I think Im prolly kinda sexy in my shorts all covered in paint :-)
akaGiggles31: :-)
EAwARe3: anyways I better get to werk
EAwARe3: love ya smoochies!
akaGiggles31: yah...that would be good
akaGiggles31: smoooooooooochies...:-0
akaGiggles31: oops :-)
EAwARe3: else Ill get fiured and then all this is pointless talk hehe
akaGiggles31: exactly
EAwARe3: latez darlin! :-)
akaGiggles31: :-)
EAwARe3: weell honest Im not just talkin I really think we can
EAwARe3: :-)
EAwARe3: and I want it bad
EAwARe3: :-)
EAwARe3: tty latez

To answer number 2...No...None of the bills were in my name :-(
To answer number 3a...No..he paid those.

[socrateaser]

1. What happened to this deal that he was proposing in the email?

2. Did you contribute $5,000 to the home's purchase?

3. You said that your bf paid all the bills. Are you saying that you have lived in the home entirely rent free?

[Giggles]

1.  He borrowed the money from his mother and we were going to use my $ for renovations...those renovations never took place.

2.  No.

3.  NO...he paid the mortgage only, I paid the utility bills, provided all the food and household supplies (laundry soap, cleaning supplies, etc).

[socrateaser]

OK, more questions, and then I think I may have an idea:

1. Did you live together before buying the home?

2. If #1 is yes, then were both of you on the lease?

3. If #1 is yes, then do you have any other evidence of how bills were divided during the rental period (checks, receipts, bills, etc.), and if so, what exactly do you have?

[Giggles]

1.  Yes we did for about 2 years.

2.  He signed the lease, but had to list us as tenants occupying the property.

3.  Again, all the (utility) bills were in his name, but I paid them.  He paid the "rent" and I paid everything else.

The only thing I have where "I" paid, was when we went on vacation last year...The condo we rented, was rented in my name...don't think that helps much huh?

I'm pretty skrewed huh?

[socrateaser]

>The only thing I have where "I" paid, was when we went on
>vacation last year...The condo we rented, was rented in my
>name...don't think that helps much huh?

Well, it definitely shows that your relationship is more than just fly by night.

And your being listed as a tenant from two years prior, demonstrates that the nature of the relationship was that he put the property in his name and you paid certain bills. This is actually pretty good news.

>
>I'm pretty skrewed huh?

Up until now, I was thinking yes, but now, maybe you can prove both a partnership and perhaps even misrepresentation. It really depends on your will to win. You have stated that you are still in love with your bf and that you think he's still in love with you. I think you're seriously wrong about your bf's feelings for you, and I can damn sure tell you, that if you go for a piece of the house, that your relationship will definitely be over.

The fact that you lived together for two years prior to buying the home, and that you have continued to behave as if you were partners in this venture, suggests that there was definitely more to this relationship, and that you may have been tricked into believing that the home was half yours. Suddenly, I like your chances a lot more.

I think you really should consider getting an attorney, ASAP, to represent you tomorrow, and plead for an interest in title, based upon misrepresentation, partnership and breach of fiduciary.

If you can't manage to do this, then I can give you a list of questions to ask, but, I'm making no promises as to how your hearing will go down.

At some point in everyone's life, they must decide whether or not they will stand up and fight for themselves.

This is your moment.

[Giggles]

I think you're right about his feelings for me...they are non-existant and I feel now he was using me :-(

There is no way I can get an attorney, I just don't have the money to spare due to the possibility of having to maybe live in a hotel for a couple weeks if he wins this thing tomorrow.

I don't have a copy of that lease that we were listed on, but I do have a copy of the lease for the Vacation rental.

If you have some questions, then I could certainly use them!!!

THANK YOU so much SOC!!  I feel you've been my only hope in all this!!!

[socrateaser]

OK, well based on everything you've told me, and after doing a considerable amount of research on the MD landlord-tenant laws, and the MD domestic partnership laws (of which there are almost none), I think that your only real case to hold off being removed, is to try to get your bf to admit that he has not yet provided you with one month's notice to quit in writing, and that you are currently paid up on any rent owed:

"MD Code 8-402(b)(1)(i) Notice to quit.- Where any tenancy is for any definite term or at will, and the landlord shall desire to repossess the property after the expiration of the term for which it was leased and shall give notice in writing one month before the expiration of the term or determination of the will to the tenant or to the person actually in possession of the property to remove from the property at the end of the term, and if the tenant or person in actual possession shall refuse to comply, the landlord may make complaint in writing to the District Court of the county where the property is located."

So, what's probably going to happen tomorrow, is the judge will let your bf make his case. Your bf will not likely ask to examine you, rather he will merely state his claim as if he were in small claims court. As a result the judge may ask you some pertanent questions such as:

"When did you receive a notice to quit?" Your answer is: "I've never received any written notice to vacate the premises, other than the summons and complaint for wrongful detainer."

Regardless of what your bf says to this, you do not offer up any other rebuttal testimony. You just tell the judge:

"I have lived with Mr. X in this property with my children, since ??/??/????, and before that, in an apartment located at ______, beginning ??/??/????. I have shared substantially one half of all the bills since living with Mr. X in the apartment., I have never received written notice to quit of any kind, and under MD law, Section 8-402(b)(1)(i), I am legally entitled to one month's written notice to quit. So, at a minimum, the court should allow me to occupy the premises until one month from the date that I was served with the summons to appear at this wrongful detainer hearing (whatever date that was)."

That should get you another 20 days or so.

After considering all of your other options under MD law, I believe that any attempt by you to plead a partnership, or misrepresentation, or some other sophisiticated legal theory will be rejected as not appropriate to the present case, and that if you want to file suit for a legal interest in the property, then the court is legally obligated to give you another 10 days.

However, because you have indicated that this is not your intent, you are actually better off, time wise, just fighting based on the failure to give you proper notice to vacate the premises, because that would give you about 20 days.