QUESTION
Can I sue an exboyfriend for home remodeling cost I paid for to his home?
Asked on Jun 15th, 2020 on Civil Litigation - South Carolina
More details to this question:
I moved in with my boyfriend after I spent over $30K remodeling his house for which I have receipts. We had an signed contract (not notarized) that I would put up to $24K in his home and that 1/2 would be forgiven after I lived there a year, rent & utility free. However, 5 months later he asked me to move out. I moved out 3 months after that, when he served me with a 5-day quit notice. When I moved I took interior doors, cabinet doors, ceiling fans, and the stove (all of which I have receipts for). Now he's suing me in small claims court for $7K. I want to sue him in circuit court for $21K (he did give me $10K before I left). Can I sue him and what are my chances at recovery?
1 ANSWER
The answer to "can I sue" is always yes, but that doesn't mean that you would win. From what you've written, your contract seems valid, but it appears that there is a dispute about how much you paid and how much he still owes. He may claim that you advanced less than what you claim; he may claim that the $10,000 he gave you was accpeted by you in full settlement of all claims; he may claim that he paid you more than $10,000. There is no way to predict who the court will beliwve.. Also, I'm not sure how you're going to justify taking all that stuff from the home which, according to the facts you've recited, were his under the contract and he was supposed to repay you for it. At the least, I think the value of what you took would be deducted from what he still owes you.
Answered on Jun 15th, 2020 at 12:34 PM