My ex fiance was married at the time he proposed to me. I entered in contractual obligations under the assumption he was single can i sue him?

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My ex fiance was married at the time he proposed to me. I entered in contractual obligations under the assumption he was single can i sue him?

my ex-fiance proposed to me and we planned a wedding. i found out during the engagment period he was already married. i also purchased a mortgage under my name for our condo. the mortgage was in my name. the title for the condo was in both of our names. we are no longer together and i want to sue him for fraud, since i entered in financial contractual obligations (wedding contracts and mortgage contract) under the assumption we would be getting married.

Asked on June 17, 2009 under Real Estate Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1. You may be able to recoup the money for the wedding, at least 1/2 but you will most likely need to sue in civil court -- I assuming your costs may exceed those for small claims court.

2.  You didn't purchase a mortgage.  You bought a home and obtained a mortgage == you did something that most people do but do not realize the potential consequences -- you gave him 1/2 the property -- now you need to figure out a method of using fraud allegations to get him out of the property deed -- i.e. to quit claim to you -- probably not a real winning battle.

3. You need to hire an attorney to help you out in this -- try www.attorneypages.com and check his or her record at the New Jersey State Bar.  

There may be case law and precedent (as well as traditional statutory and common law concepts of fraud) to help you.


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