Legal Question in Credit and Debt Law in California
My boyfriend wants his money back, but I thought it was a gift
My ex-boyfriend is asking for me to pay him back $1,000 he gave me toward a down payment on my car. I never asked him for the money and when we offered to give it to me six months ago, I said, I cannot pay you back. He said, ''forget about it. We'll be together forever. If you break up with me, I will want the money back, though.'' He broke up with me and now wants the money. I am willing to pay him, but want to know if he has any legal recourse if I decide not to give it to him. No papers were signed, there was no written agreement. He put my car down payment on his credit card for $2,000 and I sent him a check for $1,000 of that $2,000 a few days later. Now he wants the remainder of the money which comes to $1,000. The only written proof of this was an entry I put in my diary. Thanks.
2 Answers from Attorneys
Re: My boyfriend wants his money back, but I thought it was a gift
Simply put, it could go either way. It will be about who the judge believes. Often, though, the judge will not be sympathetic to a former partner who says "it was a gift" when it is a significant amount of money. While not saying you necessarily should lose, I could see you losing the case. At any rate, if you can settle it and avoid a court determination, you should. Offer to pay him half of what he's asking for. If he wants all of it, and you're willing to pay it to get it out of your hair, do so. If you're adamant(and you don't sound adamant about your position, by the way), let him take you to court.
Re: My boyfriend wants his money back, but I thought it was a gift
According to your agreement you do not owe the Two thousand dollars (2,000.00), and certainly not another One thousand dollars ($1,000.00), however, it may require you to force him (by not paying anything further), to bring an action against you. It will then depend on the trier of facts, the judge or a jury, to determine who is telling the truth. If you are believed, you will win.
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