Legal Question in Credit and Debt Law in California

Re: Boyfriend pays off debt, break up, wants money

In virtually every instance, your boyfriend made gifts to you. This may have to be litigated, unless he can offer you an agreeable settlement, with payments you can afford. Remember you did benefit from the gifts. What he left behind in the apartment, he abandoned. No need to compensate him for that. It is probably easier to deal with an attorney, if he feels strong enough to act independent in his attorney-client relationship. Otherwise, you are simply dealing with your boyfriend.

Re: Boyfriend pays off debt, break up, wants money

Thanks for your posting, and I'm sorry to hear about your breakup.

The legal issue here is whether or not the money paid was a GIFT, or a LOAN. This is very dependent upon the facts, but I think he may have the harder time proving his case. For one, it sounds as though you do not have any documents between you commemmorating the terms of the agreement (and for that reason you should NOT sign the documents he is presenting), and in general, the courts tend to construe debts paid off, cars purchased, etc., during a relationship as a gift, not a loan.

Keep in mind you may be able to discharge this debt in bankruptcy also. You may want to hire my firm or another attorney to write a strongly worded demand letter citing the law regarding his situation, and asking him to stop contacting you to demand payment.

Best of luck, and if you have other questions, please feel free to email or call my office.

Re: Boyfriend pays off debt, break up, wants money

dont sign anything and dont pay a dime. unless you specifically agreed to pay him back at the time they were gifts