Legal Question in Civil Litigation in Washington
Non-Loans
When we were engaged, my fiance took money off of his home equity line to consolidate and pay down our bills (the majority of them were mine. They were about 10 to 13,000 dollars)He did this so that our monthly bills would be less and we could join our bank accounts and he could take care of the bills. Later, we broke up and went our seperate ways. We did talk about the money, but he said not to worry about it. It was not a loan, it was something we did as a couple for both of us. No agreement was made, nothing signed. After we split, he sold my engagement ring... I assumed that money went to pay for the debt, but I don't know. Now, a year and 1/2 later, he is coming to me and asking me when I can pay him back the $13,000 that he gave me? Like I said, it was not a loan.
What are my rights if he tries to take me to court over it?
Does he have any ground to stand on with this?
Thank you in advance for your help.
1 Answer from Attorneys
Re: Non-Loans
Depends on a number of factors that aren't addressed in your request. My instinct is that likely he is going to have a hard time proving your (joint) plans for the money he thinks he loaned you.
It is presumed a gift unless and until there is documentation proving that it was a loan. In the absence of evidence to the contrary, the court will presume it was a gift.
I take it you returned the engagement ring if he sold it subsequently. Arguably, returning the ring discharged you from any further obligations.
I suppose if he can find an attorney willing to take it on that anything is possible, but without a written agreement, he's going to have a hard time enforcing it.
Best wishes with this. Powell
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
