Separation Agreement Legal Guidance

Summary

In New York, you may claim a constructive trust if promises of financial support or real estate equity were made and relied upon. Unjust enrichment claims are possible if your ex-partner benefitted without compensation. NYC laws include economic abuse under domestic violence protections. Tenant rights are crucial if facing eviction threats. Coercion in settlements can be a defense. Free or low-cost legal resources include the Legal Aid Society and NYC Bar Legal Referral Service.

Full Conversation

I have a complex situation, centered around a relationship that has just fallen apart. We are unmarried but cohabitating, and I need guidance with negotiating a separation agreement that would involve promises made for financial support and equity in real estate, as well as several other complex issues, including what I believe falls under the description of economic abuse (which the NYC council has deemed covered by its domestic violence protections). My ex partner is HNW (with assets at approximately $25M). I am looking for representation that is knowledgeable of constructive trust/undue enrichment litigation, in the context of real estate and unmarried partners where one is financially reliant on the other. I have a very strong case for constructive trust, but the case is multi-faceted. It will very likely be settled without litigation, but it needs to be clear that we could go that far if necessary. In the meantime, it involves an eviction threat, health insurance responsibilities, dog custody, and several other items that have made this frustrating when reaching out to lawyers with singular specialties. I can provide a lot more detail, I am just trying to keep this succinct for now. (There are also elements of coercive control and emotional abuse that will play a role in any discussions of a settlement).
Hi ****! It sounds like a complex and challenging situation. To provide the best guidance, could you please confirm your location? This will help me provide information relevant to your area.
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Hi ****! It sounds like you're dealing with a significant and multifaceted issue. To guide you properly, could you please confirm your location? This will help me provide the most relevant legal information for your situation.
New York
Hi ****!
Given your complex and multifaceted situation, here are some general points about New York laws that might be relevant for you:
- Constructive Trust: You may be able to claim a constructive trust on the property if you can prove that your ex-partner made promises of financial support or equity in real estate, and you relied on these promises to your detriment.

- Unjust Enrichment: You might have a case if your ex-partner benefitted at your expense without offering compensation.
- Domestic Violence Protections: NYC laws include economic abuse under domestic violence protections, which might apply to your situation.
- Eviction: If you are facing an eviction threat, it is crucial to know your tenant rights in New York.

- Health Insurance Responsibilities: You might have options for maintaining health insurance, depending on your situation.
Would you like more detailed information on any of these specific points?
Your answers get cut off by the chat window
Hi ****!
Thanks for sharing more details. Here are some key points relevant to New York laws that might help:
- Constructive Trust: Potential claims if promises of financial support/equity were made and relied upon.
- Unjust Enrichment: Possible claim if your ex-partner benefitted without compensation.
- Domestic Violence Protections: NYC includes economic abuse under domestic violence protections.
- Eviction: Important to know your tenant rights.
- Health Insurance Responsibilities: Options might be available to maintain coverage.
Would you like detailed information on any specific point?
Is it coercive to threaten eviction as a result of not signing a settlement that requires me to give up rights?
Threatening eviction to coerce someone into signing a settlement that requires them to give up their rights can be considered coercive. New York law provides tenant protections that might be relevant here. Coercion and undue pressure can be used as a defense in such cases. Consulting with an attorney specializing in tenant rights or domestic violence would be beneficial.
Would you like more detailed information on tenant protections or legal resources in New York?
It’s impossible to get an attorney I’ve tried I can’t afford it
****, I'm sorry to hear about your difficulty in finding legal representation. Here are some options for free or low-cost legal assistance in New York:
- Legal Aid Society: They offer free legal services to low-income individuals.
- NYC Bar Legal Referral Service: They can connect you with attorneys who offer free consultations or sliding scale fees.
Would you like more information on these resources or more details about tenant protections and domestic violence laws in NYC?
Ok
****, I'm really sorry to hear about your situation. Here are some resources that might be helpful:

Legal Aid Society


Phone: (*) *-*
Website: [Legal Aid Society](https://www.legalaidnyc.org)

NYC Bar Legal Referral Service


Phone: (*) *-*
Website: [NYC Bar Legal Referral Service](https://www.nycbar.org/get-legal-help/)
Would you like more detailed information on tenant protections or domestic violence laws in NYC?