o-no-moto Posted May 11, 2014 Report Share Posted May 11, 2014 Ok so my girlfriend and I slipt up with 6 months left on are lease. She claims she paid the rent till January. She said if I dont help with my half of the rent till the end of the year shes taking me to small claims for my half. My question is if her and I signed a contract with the leasing company to pay them the rent and there now paid up could they still deman my half ( I say no because she paid it up and its not there problem). Also her and I didnt sign anything with each other saying we were liable for are own halfs. So does it sound like her story would hold up In court and I will be sued. Also she is saying I have to keep all the utilities till the end of the month even thoe I am playing her and my half this month. And I told her to switch them over as I paid them off. Kinda nervous because me and my daughters are waiting for my New place to be available. Quote Link to comment Share on other sites More sharing options...
Bad324 Posted May 11, 2014 Report Share Posted May 11, 2014 Id contact an attorney and not the internet 2 Quote Link to comment Share on other sites More sharing options...
turnone Posted May 11, 2014 Report Share Posted May 11, 2014 (edited) I wouldn't freak out about small claims. You either owe her or you don't. Pay for a one hour consultation at a local attorney to either put your mind at ease or to know you need to gather the funds.Also, if she broke up with you I wouldn't pay her back. Edited May 11, 2014 by turnone Quote Link to comment Share on other sites More sharing options...
o-no-moto Posted May 11, 2014 Author Report Share Posted May 11, 2014 (edited) Well yeah I did contact my lawyer but it takes her forever to get back with me. Was just wondering if anyone else had to deal with a situation like this before. Edited May 11, 2014 by hahafzr Quote Link to comment Share on other sites More sharing options...
snot Posted May 11, 2014 Report Share Posted May 11, 2014 (edited) Get Hellmutts lawyers info tomorrow. He will answer emails at no cost, he is good. Don't give her money, if you are paying for anything make the payments directly and get a receipt. Even if she claims she paid. Edited May 11, 2014 by snot Quote Link to comment Share on other sites More sharing options...
Tonik Posted May 11, 2014 Report Share Posted May 11, 2014 if you are paying for anything make the payments directly and get a receipt. Even if she claims she paid. This is the correct advice. Quote Link to comment Share on other sites More sharing options...
o-no-moto Posted May 11, 2014 Author Report Share Posted May 11, 2014 Lol...tell jason to text me the info...I am off tomorrow Quote Link to comment Share on other sites More sharing options...
Steve Butters Posted May 11, 2014 Report Share Posted May 11, 2014 Ok so my girlfriend and I slipt up with 6 months left on are lease. She claims she paid the rent till January. She said if I dont help with my half of the rent till the end of the year shes taking me to small claims for my half. My question is if her and I signed a contract with the leasing company to pay them the rent and there now paid up could they still deman my half ( I say no because she paid it up and its not there problem). Also her and I didnt sign anything with each other saying we were liable for are own halfs. So does it sound like her story would hold up In court and I will be sued. Also she is saying I have to keep all the utilities till the end of the month even thoe I am playing her and my half this month. And I told her to switch them over as I paid them off. Kinda nervous because me and my daughters are waiting for my New place to be available.If you both signed, you're liable for half.. Regardless if she paid it in advance or not... The apartment complex won't care because they got paid, but she can sue you to recuperate the half of the rent she had to pay on your behalf... Best thing to do is just man up and pay the half you committed to pay.. Better than still paying it, wasting pto from work to go to court, and a few hundred in small claims fees 2 Quote Link to comment Share on other sites More sharing options...
ohiomike Posted May 12, 2014 Report Share Posted May 12, 2014 Still probably cheaper to just shoot her and toss her in a lake.Better to feed her to the hogs.......... 1 Quote Link to comment Share on other sites More sharing options...
Gixxus Christ! Posted May 12, 2014 Report Share Posted May 12, 2014 Should have contacted the landlord the minute your stuff was gone and asked to be removed from the lease. Quote Link to comment Share on other sites More sharing options...
o-no-moto Posted May 12, 2014 Author Report Share Posted May 12, 2014 I did but her and I need to write a letter asking me to be released from the lease. I already did but she wont till either I pay my half the rent or sje takes me to dmall claims and sues me Quote Link to comment Share on other sites More sharing options...
redkow97 Posted May 12, 2014 Report Share Posted May 12, 2014 Should have contacted the landlord the minute your stuff was gone and asked to be removed from the lease. yeah, but there's no reason for the landlord to do that... Why release one person from paying when they've both agreed to pay for a year? It just limits who they can go after when the checks stop coming. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted May 12, 2014 Report Share Posted May 12, 2014 (edited) I did but her and I need to write a letter asking me to be released from the lease. I already did but she wont till either I pay my half the rent or sje takes me to dmall claims and sues me Move back in. You're on the lease. Tell her she has two option: 1) she cuts her losses and eats your portion of the rent or 2) you pay her what you owe, but then you want to actually get some use out of your rent money - so you're moving back into the house. This should inspire her to find a new roommate quickly. Edited May 12, 2014 by redkow97 Quote Link to comment Share on other sites More sharing options...
redkow97 Posted May 12, 2014 Report Share Posted May 12, 2014 I suppose option 3 would be to "settle" for an amount that is below what your half of the rent for the next six months would be, but acknowledges that she is now getting the whole space to herself for a lower price. Just make sure that she puts that in writing to the landlord, and gives you a receipt for any amount you do pay her. Quote Link to comment Share on other sites More sharing options...
o-no-moto Posted May 12, 2014 Author Report Share Posted May 12, 2014 Well red the nice guy in me is going to just try and pay up my half of the rent get her to sign me off the lease cut my loss and retain what decent credit I have. Dont really want to drag this out through small claims. My daughters and I dont want to drag this out for the whole summer. Thank you for the advise and yes noterized statements and receipts will be in hand 1 Quote Link to comment Share on other sites More sharing options...
max power Posted May 12, 2014 Report Share Posted May 12, 2014 If you are renting, always always always put the lease in your name only. If you are buying a house, always always always buy it yourself.That way, it's always yours and you can tell her to hit the bricks. 1 Quote Link to comment Share on other sites More sharing options...
BadTrainDriver Posted May 12, 2014 Report Share Posted May 12, 2014 Ok so my girlfriend and I slipt up with 6 months left on are lease. She claims she paid the rent till January. She said if I dont help with my half of the rent till the end of the year shes taking me to small claims for my half. My question is if her and I signed a contract with the leasing company to pay them the rent and there now paid up could they still deman my half ( I say no because she paid it up and its not there problem). Also her and I didnt sign anything with each other saying we were liable for are own halfs. So does it sound like her story would hold up In court and I will be sued. Also she is saying I have to keep all the utilities till the end of the month even thoe I am playing her and my half this month. And I told her to switch them over as I paid them off. Kinda nervous because me and my daughters are waiting for my New place to be available. Fuckthatstoughtoread 1 Quote Link to comment Share on other sites More sharing options...
Bad324 Posted May 12, 2014 Report Share Posted May 12, 2014 If you are renting, always always always put the lease in your name only.If you are buying a house, always always always buy it yourself.That way, it's always yours and you can tell her to hit the bricks. bingo! Bought my house knowing my girlfriend (now fiance) would be moving in too. Everything is in my name only and she paid all the utilities which are all still in my name 1 Quote Link to comment Share on other sites More sharing options...
banditj13 Posted May 12, 2014 Report Share Posted May 12, 2014 (edited) If you are renting, always always always put the lease in your name only.If you are buying a house, always always always buy it yourself.That way, it's always yours and you can tell her to hit the bricks. I don't know about the rent side, but in Ohio, Real Estate acquired during the marriage is considered to be equally owned, and thus equally divided during a legal separation, unless one party agrees to relinquish their rights to ownership during the separation process.So it doesn't matter who signs the mortgage, or title...Believe me... I am dealing with the marital property laws of Ohio currently... It sucks... EDIT: This is assuming a marriage.... if dating.. absolutely right... only my name on anything ever... Edited May 12, 2014 by banditj13 Quote Link to comment Share on other sites More sharing options...
Bad324 Posted May 12, 2014 Report Share Posted May 12, 2014 I don't know about the rent side, but in Ohio, Real Estate acquired during the marriage is considered to be equally owned, and thus equally divided during a legal separation, unless one party agrees to relinquish their rights to ownership during the separation process.So it doesn't matter who signs the mortgage, or title...Believe me... I am dealing with the marital property laws of Ohio currently... It sucks... EDIT: This is assuming a marriage.... if dating.. absolutely right... only my name on anything ever...if you buy it and in your name before you are married they can not split it with you. As in my case, if we split and still are in this house she is entitled to no part of it Quote Link to comment Share on other sites More sharing options...
banditj13 Posted May 12, 2014 Report Share Posted May 12, 2014 if you buy it and in your name before you are married they can not split it with you. As in my case, if we split and still are in this house she is entitled to no part of it Depending on the situation - the "acquired interest" such as equity earned during the marriage can be considered a marital portion... If a major renovation or remodel occurred during the marriage, the improvement value might be able to be considered... if a refinance occurs, the property, or a part of it, can be considered.... I guess it depends on how "pricky" the ex-spouse and his/her attorney want to get... Quote Link to comment Share on other sites More sharing options...
madcat6183 Posted May 12, 2014 Report Share Posted May 12, 2014 Actually they can and will. Just found this out when our realtor went over things with us on the sale of our current home. Just let us know for future reference. Sounds like some new laws were passed that everything regarding a house, even when in one persons name is considered 50% the spouse's once married, and 33% if a child is involved. Quote Link to comment Share on other sites More sharing options...
max power Posted May 12, 2014 Report Share Posted May 12, 2014 I'm off to go dig a hole out in the forest. You know, just in case. 1 Quote Link to comment Share on other sites More sharing options...
Bad324 Posted May 12, 2014 Report Share Posted May 12, 2014 Actually they can and will. Just found this out when our realtor went over things with us on the sale of our current home. Just let us know for future reference. Sounds like some new laws were passed that everything regarding a house, even when in one persons name is considered 50% the spouse's once married, and 33% if a child is involved. well shit, my Uncle must not know that then. Granted he isn't a divorce attorney but he's usually up to date on this kind of important stuff Quote Link to comment Share on other sites More sharing options...
banditj13 Posted May 12, 2014 Report Share Posted May 12, 2014 I'm off to go dig a hole out in the forest. You know, just in case.Are you digging that hole before you get married, or after? cause it may not remain only yours... Quote Link to comment Share on other sites More sharing options...
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