Appellate Practice Attorney serving New York, NY
A small claims suit is a type of civil suit involving a small amount of money. In other words, all small claims suits are civil suits, but not all civil suits are small claims suits. In NY, I believe the limit on a small claims suit is $6000, and the small claims court does not have the power to award remedies other than money, i.e. to grant you 1/2 ownership of the house. Thus, it does not seem as if a small claims suit would be appropriate here.
Only the government can bring a criminal action; you must bring a civil suit. There are many different civil causes of action, including breach of contract, fraud, conversion, libel, etc., etc., etc. From the facts set forth in your email, there appear to be a number of causes of action which you can bring against your ex-boyfriend (all the claims would be included in one lawsuit), the most important of which seems to be a cause of action to establish a constructive trust over the house which you bought together but was titled in his name.
Your case is not a simple one which can be dealt with in email correspondence. I'm sorry to say that it probably won't be simple, quick, or cheap to resolve. If you can't afford a lawyer, you should speak to your local bar association about getting help pro bono (free).
Answered on May 28th, 2013 at 11:19 AM