Legal Question in Civil Litigation in Florida

Re: Gift or Loan-

Anyone can sue . What she can prove is something different. Depending upon the facts she may be entitled to an equitable lien on the premises.

Re: Gift or Loan-

It's only a gift is there is donative intent. It sound like she could obtain an equitable lien on the property which can lead to a foreclosure. Perhaps try to talk with her to see if there are altenrative ways to pay the money back if she deems it not a gift.

Feel free to give me a call at 941-954-4691 or email me with any questions.

Re: Gift or Loan-

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The answer to your question is yes. Anyone can prepare and file a lawsuit. The real question is does she have a claim that may prevail in court, leading to a judgment against you that may result in the foreclosure sale of your home. Depending on all the facts, the claimant may have an equitable lien on the property. The fact that there is no promissory note or other document indicating that the money was "loaned" is in your favor because it may suggest donative intent, meaning the money was freely given to you (and your boyfriend) as a gift. It appears that your problem with your former boyfriend and his mother is not going to go away, so you may want to retain a lawyer to negotiate a favorable settlement on your behalf. Good luck.