Home Renovation Contracts

[ygal432]

Jurisdiction

Texas

Hi! Not sure if this is the right forum for this question, so if I'm wrong, please point me in the right direction.

My Fiance lived with his girlfriend (she is still legally married) for 12 years. During that time, he started renovating her home (which is under her daughter's name) and took out a loan for a residential metal roof. (the balance is still upwards of $18,000) They of course, have split since then, but he is still making the payment. The company that provided the work, says they cannot do any changes to the contract and that he's required to pay it since he's the one who signed the contract but I was wondering if there's any way that we can transfer the loan to them, since he no longer lives there.

She also maxed out his credit card on medical expenses, and he owes $10,000 on that.

I'm just wondering if you all feel like there's anything that can be done. I've told him that i'm sure we could try a small claims court, but I have no idea how or where to get started. Will anyone please help with a little advice please? Thank you!

 

[Zigner]

Your brother can't force the company to modify the contract. Did he authorize the medical expense charges?

 

[ygal432]

Your brother can't force the company to modify the contract. Did he authorize the medical expense charges?

Well, I understand if we can't modify the contract - I've never actually read the paperwork. Would there be a way to potentially take it to court?

And no, he did not. He would give her cash to pay for the services but she had access to his card and ended up maxing it out.

 

[Zigner]

Well, I understand if we can't modify the contract - I've never actually read the paperwork. Would there be a way to potentially take it to court?

There is nothing to take to court with insofar as the contractor who provided the roof is concerned. With that said, your Fiance might have a case for unjust enrichment against the ex, but that would really be a reach. He should speak to an attorney about it.

And no, he did not. He would give her cash to pay for the services but she had access to his card and ended up maxing it out.

Did he report the theft to the police?

It's practically a rhetorical question. He did not report it which means that he condoned it. He is responsible to the credit card company but, again, he might have a case for unjust enrichment against the ex.

EDIT: Your Fiance might want to consider bankruptcy.

EDIT #2: This really has nothing to do with you. Your Fiance will need to deal with it. There is no "we" in this, legally speaking.

 

[ygal432]

There is nothing to take to court with insofar as the contractor who provided the roof is concerned. With that said, your friend might have a case for unjust enrichment against the ex, but that would really be a reach. He should speak to an attorney about it.

Did he report the theft to the police?

It's practically a rhetorical question. He did not report it which means that he condoned it. He is responsible to the credit card company but, again, he might have a case for unjust enrichment against the ex.

EDIT: Your brother might want to consider bankruptcy.

thank you. Can you tell me which legal area we would need to find an attorney in to schedule a consultation?

 

[Zigner]

thank you. Can you tell me which legal area we would need to find an attorney in to schedule a consultation?

Any attorney who handles civil cases should be able to able to help.

 

[zddoodah]

During that time, he started renovating her home (which is under her daughter's name) and took out a loan for a residential metal roof.

So...wait...he took out a loan to renovate his now former girlfriend's daughter's home? Why would he do that? How long ago did he take out the loan? From what sort of person/entity did he borrow the money? A bank? Something else?

The company that provided the work, says they cannot do any changes to the contract and that he's required to pay it since he's the one who signed the contract

What is the relationship between this contract and the loan that your fiance took out? What is the date of the contract (approximate is fine)? Is the renovation work done? If so, when was it finished?

I was wondering if there's any way that we can transfer the loan to them, since he no longer lives there.

There is no "we." This has nothing to do with you. I'm also not sure what "transfer the loan to them" might be (or to whom "them" refers). That said, the only way someone else can become obligated on the loan, in place of your fiance, is if that other person and the lender both agree to it.

I'm just wondering if you all feel like there's anything that can be done.

I don't know. At the time your boyfriend took out the renovation loan, did he and his ex-girlfriend (and/or her daughter) enter into any sort of contract that would require her to pay him in the event the relationship ended? At the time he paid his ex-girlfriend's medical expenses, did he and she make an agreement that she would pay him back? If any agreements of this sort were made, are they in writing and signed by all parties?

Would there be a way to potentially take it to court?

I'm not really sure what this means. Anyone can sue anyone for anything, but it's not clear what legal wrong you think has occurred here. I'll reserve judgment until you answer my questions, but it seems to me that your boyfriend foolishly spent money that he didn't have for his now ex-girlfriend's benefit and that he now regrets doing it since the relationship has ended. If he didn't want to be liable for all this stuff, he should have done it.

He would give her cash to pay for the services but she had access to his card and ended up maxing it out.

She had access to his card because he gave it to her. Right? Was he ok with the charges at the time they were made? If not, did he dispute them with his credit card issuer? Did he report her use of his card to the police?

 

[ygal432]

The house was under the girlfriend's name, but she transferred the house to her daughter at some point in the 12 years they were together. He let her take charge of the accounts and bills since he worked out of town so much and wouldn't come home for weeks at a time; she had access to everything, and left him completely broke to where he was left with $45 to his name when he left. I will get more information from him re: the company and who they had him finance a loan through in order to complete the work - and yes, it is done.

The credit card was just an example, and here is another one. He purchased land from a family friend of hers, because they (the family friend) needed the money; and when the woman went to pay for it, she had them also put that under her daughter's name. He didn't find that out until a couple of months ago when he drove by and saw the realtor sign where they put it up for sale. They sold it to pay for the taxes that they owed on the house for this year.

You're absolutely correct. There is no "we". This is just me trying to see if there's anything that can legally be done, because I'm watching him pay for something for somewhere where he no longer lives. He isn't pushing for anything and has been paying everything for the last year because he doesn't want it to ruin his credit, but she completely took advantage of the situation, and he's stuck paying for $18,000 on a house that's not even his. Is there no legal way to place the obligation on them to be responsible for it since they own it and they live there?

 

[zddoodah]

Is there no legal way to place the obligation on them to be responsible for it since they own it and they live there?

No. At the time he took out the loan for the renovations, he knew that the relationship could end at any time, but he voluntarily chose to undertake the obligation anyway. Incomprehensibly bad idea, but the past can't be changed. Unless he and the ex made an agreement for what would happen in the event the relationship ended, he's SOL.

However, your latest post suggests that some of the other stuff might give rise to a claim for breach of fiduciary duty. He should consult with a local attorney.

 

[Zigner]

He isn't pushing for anything and has been paying everything for the last year because he doesn't want it to ruin his credit...

Then there's nothing to talk about, is there?

...he's stuck paying for $18,000 on a house that's not even his.

No, he's fulfilling the obligation that he freely and willingly committed to.

Is there no legal way to place the obligation on them to be responsible for it since they own it and they live there?

Your Fiance is going to remain responsible for paying the amounts to the lenders. He *may* (but probably not) be able to get a court to direct the woman to pay him money, but if she never pays, that doesn't relieve him of the obligation that he freely and willingly committed to.