Legal Question in Civil Litigation in New York
Fiancee takes money
I lived with a woman for about 2 years. We became engaged and I gave her a ring. My father passed on and left me a $225K inhertance. After discussion between us we agreed that it would be a good idea to pay off her credit cards, pay off some personal loans and bring her house and car payments up to date. I gave her access to my account. We were also getting the kitchen remodeled and after that she was going to refinance her mortgage, pay back the money used on her bills ... and we would get married. I went to England and returned after 5 wks. She picked me up, dropped me off at a hotel and will not talk to me. She spent all of the money and has about $10K of personal property she will not return. I've been told this falls under a 'constructive trust'. Does this apply? Do I have any criminal grounds? I've tried working it out but she has not replied.
Thanks,
Don Robinson
2 Answers from Attorneys
Re: Fiancee takes money
No criminal grounds at this time.
You haven't said what type of access you gave your fiance to the bank accounts and this is very important, because if it was a power of attorney or a joint account you are out of luck.
On the other hand, wedding rings and gifts in contemplation of marriage where the marriage does not take place have been litigated endlessly.
Generally, you should be able to recover these payments, the ring, and the bills.
Your problem will be proof, so start collecting it. Writings, bills, statements from people who witnessed the transactions.
This is similar to a breach of contract/fraud, breach of fiduaciary relationship situation.
It will be a long, expensive lawsuit, and the sooner you get to a lawyer the better.
My condolences on your father and your relationship.
Re: Fiancee takes money
My condolences on the loss of your father and this difficult break-up.
This is a subject on which there is a great deal of law.
My answer can, therefore, be fairly definite.
1) the ring must be returned
2) unused portions of the assets must be returned
3) the credit card payments do not need to be returned. they are considered a 'gift'
4) the house is more complex. Your bringing the mortgage up-to-date can be either a gift or made in contemplation of marriage. But the capital improvements are clearly recoverable. Money spent to improve the house must be returned.
You can bring an action in court for the return and foreclose on the houise if no other assets are available (only 20 thousand dollars value of the house is protected under NY law).
As promised, my answer was definite.
Again, losing your father and then this woman in whom you placed such trust must have hit you very hard. I am guessing that you might have been more circumspect had you not been mourning your father. Very human, and you sound like a compassionate, sensitive guy. Don't beat yourself up on this. You invested in the wrong person at a vulnerable time. We have all made that type of mistake.
You are welcome to a consultation for no fee.
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