Legal Question in Family Law in Massachusetts
Wedding Cancelled/ Sue for damages?
My fiance recently decided to cancel our wedding 3 months before the wedding. I paid $8900 towards the wedding already, and he has paid $3000. He is aslo walking out on the lease to our apartment which he and I both signed. The rent is 1800 a month total.
I feel that he should compensate me for the wedding as well as to pay his half of the rent.
Is this reasonable?
He told me that he would help me, but then said that he ''doesn't have the money'' He does, but he has chosen to buy a new condo instead of helping me.
3 Answers from Attorneys
Re: Wedding Cancelled/ Sue for damages?
You have two different issues going on here. One, you have breach of contract (written lease signed by the party to be charged); and
Two, breach of promise.
You should really consider atleast consulting with an attorney concerning these two issues.
From what you have said, it seems that you would have to file suit to be compensated.
Sincerely, Maria Murber
Re: Wedding Cancelled/ Sue for damages?
This is a multi-level case.
The lease is a contract which he is obligated to pay, along with you. However, a court might require you to "mitigate" your damages by seeking a room-mate, and so might limit your damages.
If need be, you can break the lease with sufficient notice, as the residential landlord is also required to mitigate his damages.
The wedding costs are more complex. They may be part of the rarely used "breach of promise to marry" action. However, if he signed the copntracts underlying the expenses, you definitely have a right to have him compensate at least some of the costs. This would require a court action. Be aware that this self-centered gentleman will seek a return of any engagement ring or other engagement gift if you seek recovery -- but with any luck, it was a gift for birthday or Christmas as well.
You are lucky to be rid of him early.
Please feel free to consult further with me.
Gregory P. Lee
Wedding Cancelled/ Sue for damages?
They are both right.
The lease is an absolutely enforceable contract. You cannot walk away from it. You can however, see if you can negotiate with the landlord.
As the others suggested you may have a right of action on one or more issues, and you should contact an attorney.
Finally, if no one else has said it, I am sorry to hear about this - I'm sure it is painful.