Fraudulent Misrepresentation

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Fraudulent Misrepresentation

My husband and I filed for divorce last year. I ended up dropping the divorce after he was out of rehab because he said he would change. We then started building a brand new house. I found out after we signed the papers that he had been having an affair for months. He also stated in writing that he had never planned on staying together. We now have this expensive house with no equity, lived in for 6 short months and are going to owe close to 20k on trying to sell it. Do I have any legal grounds here for fraudulent misrepresentation?

Asked on March 29, 2019 under Family Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you do not, because as a matter of policy, the law does not enforce promises, representations, or agreements made in exchange for relationships, affection, etc.: what is said in a romantic context or about romance is not something you can sue over, and any costs or losses a person incurs in pursuing romance are his/her own costs or losses. (You can easily see why the law does this if you consider what if would be like if representatons or promises made in regards to romance, affection, relationships, etc. were enforceable: the courts would be overrun with suits by jilted or vengeful lovers; people could either "pay" for romance or sex by making promises (essentially legalizing prostitution in some regards) or could blackmail their partners into staying with them by threatening litigation; etc.)
You can divorce him and are entitled to whatever distribution of assets and/or support you would get in a divorce, based (largely) on your and his respective economics, but you can't sue for his representations.


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