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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 11967
Experience:  Experienced in multiple areas of the law.
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Can I be sued and be held financially reliable and items

Customer Question

Can I be sued and be held financially reliable for money and items (gifts) that were given during the duration of a relationship with my now ex-fiancé ? Also, since she was cheating during the relationship and I lost a lot of money on the ring and the engagement night's events, can she be held monetarily reliable for those losses?
Submitted: 4 months ago.
Category: Family Law
Expert:  RobertJDFL replied 4 months ago.

Thank you for using Just Answer.

So I can better assist you, I need to make sure I understand correctly. When you're talking about gifts or other items, are you talking about items you gave that you owe money on?

Customer: replied 4 months ago.
I am being sued by my ex fiancé for money(restitution if you will) she paid for a concert, part of a season ticket package for the Pirates ($600) of which was to be my Christmas gift and $1500 she paid so that I may break my lease early at my previous house and move in with her. She now wants all this money back since we are no longer together and she is back with her ex boyfriend that she was talking to and messing with while we were engaged.We were only engaged for 3.5 months and I lost a lot of money on the ring as I had to sell it back to the jeweler. Can she be held reliable for my lost monies for the ring plus all the extra costs of hotel and dinner reservations that evening as well? Also, the money I paid then for her Christmas gifts, the door I had paid to be installed in her house? In other words, can I bring these subjects up at hearing as a counter to her attempted collection of the money she is going after.
Expert:  RobertJDFL replied 4 months ago.

Thank you for your reply.

As far as the money she claims she owes you, if the items were given as a gift, she cannot now claim you owe a debt that must be paid back to her. The same would be true of gifts, such as Christmas gifts, you may have given her, or the door you put on her house if you gave it to her as a gift. You cannot seek repayment. The exception for both of you would be if you had some type of agreement that either of you would pay back the other. For example, if she had an email from you where you tell her "Thank you for paying the lease termination fee, I'll pay you back $500 a month for the next 3 months" then it could be argued you have a contract for repayment.

An engagement ring is seen as a "conditional gift" given on the premise that a person will marry you. When that doesn't happen, the ring should be returned under Pennsylvania law, but that was already done. Beyond that, there is no legal premise I have come across under Pennsylvania law that says you'd be entitled to additional damages for her breaking off the engagement.

Could you bring up these things at a hearing? Yes, but what I think will ultimately happen is the court is going to point out that really, you both gave one another gifts as couples do, and neither one of you can recover against the other for items given in good will with no intent to repay.

Expert:  RobertJDFL replied 4 months ago.

Just wanted to follow up with you.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating.Thank you!

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