Legal Question in Civil Litigation in Maine
Unpaid utility bills
My partner and I, who were never married, recently split up, and I temporarily moved out of the home we own together. He somehow cancelled all the utility bills that were in my name, and put them in his. He also, out of spite, has decided I should pay for all of them ($1150 worth) even though they are from when we both lived there together, as a couple. We are listed on the deed as joint tenants, which, I believe, in my state, means everything is 50/50. Can I take him to court to get him to pay his half, if I can prove he lived there at the time of these bills? PLEASE HELP! I am in no position to pay these bills all myself since I am also the primary care taker of our 2-year-old son. THANKS SO MUCH!
2 Answers from Attorneys
Re: Unpaid utility bills
Run, don't walk, to a competent family lawyer. You need to file a motion immediately re: who is entitled to live in the house, how the bills get paid, parental rights and responsibilities (including support), as well as whether you or the child need additional protection if this is an abusive relationship. Get a lawyer in the area where you live. Good luck!
Re: Unpaid utility bills
The issues go far beyond just utility bills. You will need to file an action to establish Parental Rights and Responsibilities of your son, establishing his primary residence with you and obtaining a child support order from your ex. Depending on the different between your income and his, you may be able to recoup your attorney's fees from him.
As a joint tenant, you can demand one-half of the equity in the property. If he refuses to pay, you can force the sale of the real estate through an action to partition.
Lastly, we come to the bills. Since the bills were in your name, the utility providers are going to be looking for you to pay, even if you were not living there at the time the charges were incurred or if the deal in place was to share them. It's actually a good thing that the bills have been switched. I would advise demanding that he pay his one-half of these utilities while at the same time demanding one-half of the equity in the property.
I hope this proves helpful. If you have any questions at all, please do not hesitate to contact me.
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