Legal Question in Business Law in California

Re: giving a money gift.

You will have no recourse. A gift by definition is something that you are not supposed to pay back. Writing supercedes any oral agreement.

More importantly, you should consider running away from any man who poses an ultimatum of "give me money or I will leave."

Thanks,

Arkady

Re: giving a money gift.

So, you're willing to conspire to commit the federal felony of bank fraud to hold on to a person already willing to abandon you, and you want to know if the courts will protect you in doing so? Dream on. I suggest you rethink your ethical and moral standards, and choices of 'friends'; the courts are certainly going to examine them later.

Re: giving a money gift.

Commit a bank fraud or I'll leave you. That sums up your boyfriend's demand. This is a no brainer: Get a new boyfriend before this guy ruins you.

I think this makes all of the attorneys unanimous.

Re: giving a money gift.

This is an example of "an offer you must refuse."

Maybe you can make a counter-offer that will cause him to show his true colors. Tell him you'll put $4,000 into the purchase escrow (NOT his bank account) in exchange for an escrow instruction that you are to be placed on title as a half owner. Make sure he is putting up at least $4,000 of his own into the escrow.

If you are a half owner, you can move in with him and whomever his next girl friend is going to be, since you'll have an equal right of possession.

Re: giving a money gift.

Better he leaves you now rather than $4000 later.

Re: giving a money gift.

I suppose you could sue him and allege in the lawsuit that he had agreed to return the money, but doing so would put you at great risk. Your boyfriend is asking you to commit bank fraud. If he refuses to give the money back to you later and you sue for it, you will be admitting to a serious crime.

This site isn't here to give relationship advice, but a boyfriend whom you already suspect is trying to cheat you, who says he'll leave you if you don't commit a crime for his benefit and who is setting you up to lose a lot of money in the process probably isn't worth keeping, let alone worth wasting $4,000 on. I say let him leave.

Re: giving a money gift.

This isn't really legal advice, but I am compelled:

If this guy is threatening to leave you because you won't give him $4k, you are better off.

In other words, DON'T DO IT.

Re: giving a money gift.

Your boyfriend threatens you to pay him $4000 and sign an affirmation (likely under oath) that it is a gift, or else he leaves you?

Tell him to take a hike.

If you insist on staying with him and complying with these conditions, then the answer to your question is that when he defaults and doesn't pay you back, you can sue him for the money, and in defense, he will use your affidavit attesting to the fact that it was a gift.