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.

[Giggles]

but according to the judge...standard Landlord/tennant laws do not apply to my situation and he gave judgement to the jerk :-(  He can kick me out whenever...he said he wasn't going to...but he got mad at me on Saturday and said that "I'm just going to do what I have to do....even if it makes me the bad guy"...sigh

BUT on the good news...I have a contract for a house and if need be I may be able to move in prior to settlement!!

[socrateaser]

>but according to the judge...standard Landlord/tennant laws
>do not apply to my situation and he gave judgement to the jerk
>:-(  He can kick me out whenever...he said he wasn't going
>to...but he got mad at me on Saturday and said that "I'm just
>going to do what I have to do....even if it makes me the bad
>guy"...sigh
>
>BUT on the good news...I have a contract for a house and if
>need be I may be able to move in prior to settlement!!

Well, that's a ruling that I would not have contemplated. You're at least a person who remains on the property at the will of the landowner. Legally, this is called a "tenancy at will," and if you're a tenant, then you are entitled to one month's notice, from the date upon which the landowner determined to have changed his/her "will" as to your right to possession of the property. You are also entitled to appeal the district court judge's ruling to the circuit court, but, there are some required costs and fees that you may not want to incur in order to make such an appeal.

If you want to appeal, let me know, although, I can't imagine why you'd want to remain with your friend any longer than you must.

[socrateaser]

People who come here for help don't often come back and tell me that they lost, unless I tell them that they're gonna lose, beforehand. In fact, I can count the number of times I've been compelely wrong on one hand -- at least as far as this forum goes).

So, if you happen back here again, I'd appreciate it if you would tell me exactly what happened, and especially, exactly what you told the judge.

As far as I can tell, the court determined that you weren't a tenant, and so your bf could evict you without notice. This ruling is nonsensical, because the only alternatives to being a tenant is either you are a "guest," i.e., someone who has paid no consideration in exhange for permission to remain on the premises, or you are a trespasser, i.e., someone who never had permission to be on the premises. You've been living in the house for a long time with permission, so you're no trespasser, and you pay for utilities, groceries and you help maintain the premises, so you are no guest.

What's left then is that you are a "tenant." No other option exists (except that you're an owner, which as I've said, you would need to plead in a separate court action), and therefore I am completely without any explanation for the court's ruling, except that the judge is playing God, instead of interpreting law. And, that really disturbs me, quite a bit.

Also, my ego is smarting.

[Giggles]

Your advice to people is facinating and I remember you from the old DNet days :-)

As for what I told the judge, I memorized what you suggested I say and that is what I testified to...almost word for word.  That I had never received formal notification, that he and I had an agreement that he pays the mortgage and I paid the rest of the bills and that we had lived there for over 2+ years.  The judge said, he asked you to leave and you haven't, you need to leave and may I suggest you get a lawyer, that standard Landlord/tennant laws do not apply in this case.

So...I still have until Thursday to appeal the judges decision, but that would require funds and possibly even a lawyer :-( Sadly I just don't have the money at this time due to trying to buy a home.  I have spoken to him and I think he will give us until June 30th especially after what my daughter said to him yesterday.  When he and I met, my daughter was only 10 months old, he's been the only father figure in her life and now that she is almost 6 y/o, she calls him Daddy and has for some time now.  Yesterday, she went to him crying about us having to leave and how she didn't want to leave without him.  I could see that this visably upset him.  So perhaps now he realizes that the things he's inflicting on me are having adverse effects on my children???

[socrateaser]

>Your advice to people is facinating and I remember you from
>the old DNet days :-)
>
>As for what I told the judge, I memorized what you suggested I
>say and that is what I testified to...almost word for word.
>That I had never received formal notification, that he and I
>had an agreement that he pays the mortgage and I paid the rest
>of the bills and that we had lived there for over 2+ years.
>The judge said, he asked you to leave and you haven't, you
>need to leave and may I suggest you get a lawyer, that
>standard Landlord/tennant laws do not apply in this case.

Harumpf! Well, from everything I can find about MD Landlord-Tenant laws, the judge is just plain wrong in his decision. But, it's his decision, so you're stuck unless you appeal. Anyway, I wish I had some other answer for you, but just I don't see any.

[true]

Dear Soc,

I wanted to say "Thank you" for having a search engine that allowed me to find this thread. I was able to find it only yesterday but it did indeed help my very similar situation.

I went to court today just as the above person did. The outcome was not the same as the other persons. The judge is currently taking all evidence presented under advisement. Both parties have one week to include any additional information. (I am still confused)

I followed the advise that you gave the person to a "T".

My ex asked for our removal by 6pm tomorrow and for me to pay for all legal fees incurred by him.

It is my understanding that the judge was sure that I am not entitled to our home but that its possible that I may be entitled to a percentage from the sale of our home.

So now I have five days to go over the material presented and potentially submit additional info to the court and his atty.

This thread helped from having a parent and two children removed from there home by 6pm tomorrow. I am not sure that he will be awarded his legal costs but I did ask for that not to happen.

Thanks again,
true

[socrateaser]

.

[Giggles]

Talk about dragging up old memories.

I will keep you in my thoughts and prayers that you prevail.  I may not have won this court case, but in the end I came out WELL ahead!!  

On the day I moved out (which btw was July 2nd), he was left with nothing but the shell of the house...every stick of furniture in that house was mine...he didn't even have a bed to sleep on.  Also since I purchased all the food...I took it all too...hehehe

The one thing to remember in all of this...Living well is the BEST revenge.

Good Luck!!

ps...Soc is brilliant and I trust him 100%