Appellate Practice Attorney serving New York, NY
Anybody can sue anybody for anything, but some of the potential claims you raise appear meritless.
First, if you negligently caused fire damage, the home owner can certainly sue you for his damages, i.e. the deductible on his insurance policy, and the insurance company can sue you for the money it laid out. You may have a defense, or a partial defense, based on the lack of a working smoke detector Iespecially if NC law would consider you a tenant and requires smoke detectors in landlord/tenant situations, which I suspect it does) if you can show that, had the detector been working, there would have been no damage or less damage, and also if you didn't know that the detector wasn't working. This would be a defense to his claim, not an affirmative claim of your own, unless you yourself suffered damages due to the detector not working Also, the owner may not want to bring suit because you have evidence of what could be considered his insurance fraud - fooling the insurance company by putting a new battery in the detector after the fire.
I don't see any basis for any claim based on monies you have given him during your time together, unless you gave him that money in contemplation of marriage. Also, I'm not sure what contract he would breach by putting you out of the house. I don't know if NC recognizes a claim for breach of a marriage contract; even if it does, a court may not be very sympathetic to such a claim in this day and age.
Answered on May 24th, 2018 at 12:21 PM