Legal Question in Family Law in California
Breach of Promise
A year ago I became engaged to a man I knew for 18 years. At his request I sold my house and quit my job. He is retired except for 4 months out of the year to do Tax consulting. We were to buy a house in Morro Bay and have our wedding in the new house. His house in Reno was on the market but did not sell.He moved me to Morro Bay so I could work with the realtor in looking for a house while he stayed in San Jose to work the 4 month tax season. He paid the rent on the house I am currently in. He would come here once a week on his day off. Sunday he called me to inform me he would'nt be coming back, he wanted out of the relationship, and I was on my own. He mailed me a copy of a letter he had sent to the landlord giving a thirty day notice. I have 30 days to vacate. I have all my furniture here, no job, and no longer have my house. He sent me 5,000.dollars for moving expenses. Does'nt he have an obligation to restore me to where I was before I made decisions based on his promise of marraige and support? What can I do?
2 Answers from Attorneys
Re: Breach of Promise
You really have no avenues of recourse. You were
not together long enough to be considered common law
and you were never legally married.
He did not even have a legal obligation to give you
the $5,000. What about the money from the sale of
your home? If he is in possession of that money you
might be able to recover it.
John Hayes
The John Hayes Law Offices
P.O. Box 3003
Re: Breach of Promise
You may have some rights in a regular civil court fraud proceeding, but that would be difficult and doubtful.
You have no recourse I can think of under the Family Code. You never married, so spousal support is out of the question. Maybe a Marvin action, but your posting does not provide enough information.
$5000 seems like reasonable compensation to move. Can you get another job? What are your long term damages?
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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