Posted by John Merchant on October 05, 2005 at 08:09:33:
Lawyers refer to some prospective (but rejected)clients as “brown baggers”, as one has come in and just dumped his loaded grocery sack on our desks…with every kind of odd paper…and asked for a legal opinion (or 50)…and your post might be characterised as a kind of “brown bag” question, scaring off anybody who looks at it.
I’ll just give you one bit of advice here.
Go find a lawyer you trust and pay him/her to straighten out this mess for you and discharge the other lawyer…as a lawyer there’s nothing worse than a client with whom I/he/she doesn’t get along and who doesn’t trust the lawyer.
And by the way, one “Prays” on his knees, whereas one “Preys” on his victims, e.g. like a Preying Mantis, so you might want to be a little careful in your spelling.
After a six-year relationship, my partner and I purchased two tracts of land (#1) with two additional tracts (#2) on a lease option. A 50/50 partnership agreement was drawn up after the purchase/option even though I paid the initial capital. Ten months later we exercised the option each contributing equal amounts. I homesteaded one tract of #2 (receiving a partial exemption). My partner already had a homestead on another property which his son occupied. The property was owner-financed and deeded as tenants in common. The following year, my mother loaned me the balance due on #2 and deposited it into my personal account. I wrote a check to the partnership and then a check from the partnership to pay off the original note. The same documents were duplicated with my mother as Grantor. According to my attorney, the land was never deeded to the partnership, therefore the partnership consisted of the business income, expenses and equipment purchased for the business. During the next four years the relationship became extremely volatile and I filed a PO against my partner (tried under family law). After the order was made permanent, I was basically blackmailed into rescinding the order in fear of my safety and that of my minor child. After two more years of domestic violence, being dragged into my partners illegal activities and deteriorating mental state, I began to seek ways to protect the safety of myself and my son along with my investment in the business and our future by refusing to add any additional capital and requesting he start taking an active part in running the business. According to several government agencies, law enforcement, appraisal districts we were considered to have a common law marriage while others declined marital status as it was not legally documented. My partner eventually began taking extended trips to another state for months at a time. When he finally returned, he was not alone. He was having an affair and married this woman in another state. The property has substantially increased in value due to the location in a fast-growing area. My partner is determined to force me into surrendering my interest for a meager price.
I have been approached by a local developer with a good offer on the entire property. I have been approached several times by others on the sale of my portion of the park, inquiries on purchasing some of the business property and rentals of lots which were obviously set ups. This current offer is backed by a group of wealthy investors who have been developing the entire area for several years. They own most of the property around me or have it under contract. Although, I would prefer to remain here, my partner has made it virtually impossible. I refuse to just hand over what I have worked hard for and invested my life?s savings in yet realize I will not be safe as long as he knows where I am. My attorney advised me not to follow up on this as it would constitute a breach of the agreement. I feel he has taken no action to protect my interest even though he is fully aware of my situation. Also, my partner?s attorney also represents the party we purchased the property from and has handled all note renewals, etc. for us.
What is the best way to handle this situation? As a Family Law case or Business Law?
Isn?t there a conflict of interest here with regards to my partner?s attorney?
Am I legally entitled to sell my ?interest? in the property and dissolve the partnership separately? Or am I bound to an agreement that one party has not complied with at all?
Is a mediation agreement enforceable or considered void if breached? There were some items verbally agreed upon but not specifically noted in the agreement. His attorney said ?too bad? while my attorney said nothing.
Is my attorney acting on my behalf or possibly working with the other side? Is it normal for a case of this kind to drag on this length of time? How should I handle that?
I made numerous requests that we obtain a PO and file suit against my partner if he refused to abide by our agreement but my attorney refused each time.
Finally, my attorney arranged a meeting with the other attorney and had me sit in. I was asked to explain to my partners attorney point by point what had/had not been adhered to per the agreement, informing him of the threats made by his client and my current situation. Is this unusual? Still nothing has changed - except my deteriorating financial situation.
As a victim of domestic violence, is it possible to be held accountable for actions I was forced into? How do I handle false accusations made against me?
I was turned down by a number of attorneys due to the complexity of the situation. I have spent almost $20,000 in legal fees over the past four years with no end in sight. I am afraid of this person, am now cash poor and sitting on property worth more than $500,000 which I?m told I can?t sell, can?t use certain portions, can?t run my business or take action against those people who have threatened us, continue to stalk us, steal from us and harass us. Do I have any rights at all?
What can I do to stop this and not lose everything I have to a con-man and attorneys?