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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default 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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

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