Legal Question in Civil Litigation in California

A check is only negotiable instrument, not a contract. It is, however, one piece of evidence of an oral contract if you had one. If you had an express oral contract that she only use the money for nursing school, and would return it if she didn't, or something like that, the check is evidence of it and you could sue for the breach. If you just gave her $30,000 and said, here, this is for your nursing school, you've got nothing but a gift with an intended purpose that the recipient is free to ignore. Well nothing but a tax issue, since gift tax is due on gifts over $10,000.00

What you write in the memo line of the check is not a contract. You and your ex fianc� may actually have a contract, but only if the two of you agreed on what the money was for and if you gave her the money in reliance on that agreement. The agreement would also have to meet various other requirements to qualify as a contract. There is no way to say whether you have a contract or not based on these limited facts.