Legal Question in Real Estate Law in Florida

My boyfriend and I were together for 9 years. In that time he took a small loan from his sister. He purchased a trailer home with the loan. In that time, I let my own home get foreclosed on. I lived with my boyfriend and didn't see the need to keep my home. I thought I would be living with my boyfriend. 2 months after the loan was paid off, he kicked me out. I had paid half of the loan. Do I have a case for small claims court? It would be under $5,000.00. I feel he used me to pay the loan off, before he kicked me out of the home. He only owns the trailer home, not the property it is on. Thank you.


Asked on 7/29/14, 8:48 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You may have a claim for unjust enrichment or even a constructive trust. Neither of these claims can be pursued in small claims court. You would need to pursue them in County or Circuit Court and they are too complicated to handle without an attorney. You would also have imputed to you some rental cost for the time you were in the home when making those payments, so the amount you would be due is less than what you paid.

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Answered on 7/30/14, 6:20 am


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