Legal Question in Family Law in Washington
legal seperation and alimoney
Here is my situation; I was engaged to be married and bought a house and shared a bank account with my fiance. We later broke up and I moved out of the house we own and he makes the mortgage payments. My question is can I legally force him to pay me back for charges on my credit card for vacations, remodeling and items he purchased? I did sign for them, but with the intent that they would be paid with out joint bank account. I now have thousands of charges for items that no longer pertain to me. If I can get him to admit they were purchases for him or for the house can I get alimony? I also have not filed legal seperation.. should I even if we were never married?
2 Answers from Attorneys
Re: legal seperation and alimoney
First the things you can't do: You can't file for separation because you were never married, you can't get alimony (spousal maintenance), for the same reason. There are provisions for dividing the shared estate of an unmarried couple that were cohabiting. Some of the rules for dissolving a marital community are applied by analogy: distribution of debt and assets are the most notable. I would encourage you to consult with an attorney on whether it is worth doing in your situation and how to go about it.
Re: legal seperation and alimoney
I agree with Mr. Steuart, and would add the following. What he refers to is known as a meretricious relationship, which is where two people live together in a marital-like relationship, only they are not married. In your case, given that you were engaged, I think you stand a good chance of proving that was the type of relationship you had. The question that may come up with for what period of time did you live like that, and how does that coincide with your financial transactions.
If that does not work, you may have a generic contracts lawsuit based on a number of theories, and that is something that an attorney can help you with after a consultation and review of the specifics of your case.
At least have an attorney review the case for you to give you an idea of whether it is worth hiring an attorney. Sometimes, sadly enough, it is just not worth pursuing the case, even if it is clear cut (or appears so) because by the time you pay an attorney, based upon what you would get if you win, you're still worse off for having pursued the case.
Until you consult with an attorney, you will not know whether it is worth pursuing.