Legal Question in Civil Litigation in Massachusetts
bad decision
While I was seperated from my
husband I was involved with another
man that lived with me. Together we
made some bad financial decisions,
charging my credit cards to the max.
My husband and I are back together
and the other man obviously does
not live with me but he is claiming I
owe him money and taking me to
court. There is no written
agreements on any money used on
either side. Question 1. Will this hold
up in court? Question 2. Have been
asking him to remove his stuff from
my home for a year now. Is it legal to
sell his things at this point as he has
made no attempt to remove his
things.
2 Answers from Attorneys
Re: bad decision
The other man has very little potential claim here. However, there may be -some- claim if you have the benefit of things he paid for in cash. This would be offset by anything you have paid for that -he- has the benefit of. This is very general, though, and I would need more information to advise you.
You certainly can counterclaim, and you can certainly advise him and the court that he has property to reclaim.
Frankly, this is a difficult question to answer without more information. Please feel free to contact me for a free consultation.
: bad decision
1. if the person can show they are joint debts, or incurred by you, and they are not a gift, then you have exposure. You may have a counterclaim(s) against him.
2. Send him a certified letter, demanding by a time certain that he remove or make arrangements to remove the personal property. Otherwise, they will be deemed to be abandoned or a gift, and be donate to charity.
If you have any other questions, please contact me.
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