Legal Question in Civil Litigation in Nebraska
Co-Habitation Dissolution
After 8 months of planning, I left Montana and moved to Nebraska to live with my boyfriend. He invited me here and assured me that he wanted me to relocate permanently. I resigned my job and moved all my possessions last week. Six days after I arrived he said things are different and he would rather be with someone else. I have to leave, but really have nowhere to go. Nebraska was to be my new life and I asked him before I left Montana if he was SURE that he wanted me. He said ''Yes''.
He has offered to pay the expense of moving my belongings to wherever I want to go. Until then, my belongings will remain in storage.
What sort of agreement do I need to ensure his payment of my moving expenses? (future as well as the previous expense to move to NE ~$1800) Also to ensure the retrieval of my things.
We did not have a written agreement but many friends know of our arrangement-at least one of whom is a mutual friend.
Would a Promissory Note be used in this circumstance?
I appreciate your help.
1 Answer from Attorneys
Re: Co-Habitation Dissolution
There's no 'dissolution' here. The rules for dividing property and enforcing such promises are from marriage law. By living with one another without being married, you have chosen to forego the duties and protections of marriage laws.
You could draw up a contract, but it there must be 'consideration' for such a contract. On your part, you are not doing anything in exchange for his promise to pay your expenses and there would be no consideration. Unless you can show that the contract was formalizing a previous agreement, where you agreed to come to Nebraska in exchange for some promise from him.
Also, the contract is practically only as good as your ability to collect from him if there is a breach of the contract, even though it may be legally enforceable. In other words, he can promise to pay your expenses, but unless there is money or property you could get from him through court enforcement of a judgment, it doesn't do much good. Good luck.
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