Legal Question in Credit and Debt Law in California

Re: Collecting Money Owed by Ex-Live-in-Boyfriend

Assuming Virginia law: "Common law marriage" has been abolished in Virginia, and illicit cohabitation is a criminal offense. There's a presumption at law that money or property given to a close family member absent a deed, note, or other memorandum is a gift, although that presumption can be overcome with competent testimony. I don't believe that presumption will apply here, because the two are not married. Of course, the sister-in-law was probably "really" investing in a hoped-for relationship, and gave her money to a con-man. So, of course she now wants her money back, but the facts at the time will control, and must be established by competent testimony. You know, the law does not protect fools, and if witnesses will say they remember having heard her say, "I want you to have this money, dear, because I love you.", well, that establishes a gift, not a loan. If, on the other hand, the witnesses will say, "Dear, I want you to have your house, so I'm going to loan you $25,000 at 9% a.p.r., compounded monthly, to be repaid in one year.", that's another matter. Also, if she can prove that she gave the money with the understanding (that he took some positive steps to create) that she would become a co-owner, then that's fraud, and he can be prosecuted for the crime, as well as sued for the fraud to get the money back.