Legal Question in Civil Litigation in Texas

Re: Recovering a loan made with little documentation to girlfriend

You have posted some confusing and potentially inconsistent words "It was more of a gift. I put the word 'loan' on the check."

Ordinarily, one does not make a $300,000 loan to a mere girl friend. Therefore, the notation of "loan" is some evidence that it was in fact a loan. On the other hand a gift can be proven by words, acts, and conduct. If it is a loan, I hope that she is wealthy, because you do not have a lien on the house which probably is now her homestead.

Perhaps arguments based upon exotic theories fraud, resulting trust, etc. could be made which might get you around a homestead claim. If you can afford the $300,000 gift/loan, I will assume that you can afford an attorney to assist you on this. If not, then with other detailed facts, there may be a possibility of a recovery against her, and you may be able to find an attorney who will take a case on a contingent fee basis.

Re: Recovering a loan made with little documentation to girlfriend

Gee, and I only gave my girlfriend a Jaguar....this comes down to, among other things, a matter of donative intent. Did you intend it as a loan or a gift, how did she understand it, did you discuss repayment terms, why didn't you make the agreement in writing, was the house ultimately intended for both of you, when was the money advanced to her, etc. It is actually more than "he said, she said" and the absence of a written agreement has important legal ramifications. You should immediately explore this with your attorney.