Ex Suing for Home Closing Costs
Hi. My ex-fiance and I bought a home together about 2 years ago in anticipation of marriage. He/She paid more towards the closing costs than I did. Shortly after closing on the home, we called off the engagement. We then put the house on the market and have since sold the home.
He/She is now suing me for a portion of the closing costs they claim I owe them. They are saying we had an agreement to split the closing costs equally. However, there was no agreement, written, oral or otherwise stating i would pay them back. I have never made any payments to them, nor had repayment ever come up in discussion until I was served. The purchase of the home was in anticipation of marriage. They are suing for breach of contract and unjust enrichment. The suit also comes about 20 months after we broke off the engagement and a few months after we have sold the home (for a loss).
I don't see how this case can fly. Is there really a case here? I've retained a lawyer and we've already discussed the case. I'm just looking for some additional feedback on what you all think.
Re: Ex Suing for Home Closing Costs
It's going to come down to who the court believes, and whether there are any written agreements that contradict the claim.
When unmarried people buy a home together, they should enter into a written contract detailing their rights and responsibilities in relation to the purchase, use, maintenance, possible break-up, division of proceeds of sale, and what happens if one person wants to sell and the other does not.