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Ellen
Ellen, Lawyer, Consultant
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MY SON HAS BEEN GOING WITH A GIRL FOR 3 YEARS JUST 7 MONTHS

Resolved Question:

MY SON HAS BEEN GOING WITH A GIRL FOR 3 YEARS JUST 7 MONTHS AGO HE GAVE HER A RING AND THEY PLANED TO STE A DATE TO GET MARRIED IN OCT 2009 THAY HAVE BEEN MAKIG ALL ARRANGEMENTS FOR THE WEDING AND JUST 2 MONTHS AGO THEY BOUGHT A HOUSE FOR ABOUT 128,000,00 THEY BOTH SIGN ON THE LOAN HE MOVED IN SHE PLANED TO MOVE IN AFTER THEY MARRIED NOW JUST LAST WEEK SHE CAME TO HIM AND SAID SHE WANTED TO CALL EVERY THING OFF AND GAVE HIM THE RINGS BACK , SINCE SHE BACKED OUT WHAT LEGAL GROUNDS DOES HE HAVE TO KEEP THE HOUSE AND HER GRANDPARENTS GAVE HER 17,000,00 IN A GIFT FOR THE DOWN PAYMENT DOES HE HAVE TO GIVE THIS BACK TO KEEP THE HOUSE HE DID NOT SIGN FOR THIS IT WAS A GIFT TO HER SHE BACK OUT LEAVING HIM WITH THE BILLS NOW SHE WANTS EVERY THING BACK YOU HELP IS NEEDED THANK YOU LARRY
Submitted: 7 years ago.
Category: Legal
Expert:  Ellen replied 7 years ago.

Hello,


Thank you for your question.


You are referring to the heart balm action of breach of promise to marry. Unfortunately the state of Nebraska does not recognize heart balm actions.


This means that the way that the house is titled determines their interests in the house. If the house is titled in both names, the house belongs to both of them.


Thank you,
FLAandNYLAWYER




Customer: replied 7 years ago.
DEAR SIRS I UNDERSTAND THAT SHE HAS TITLE TO THE HOUSE BUT SINCE HE HAS BEEN LIVING THERE AND SHE HAS NOT CAN SHE MAKE HIME GIVE MONEY BACK AND CAN SHE MAKE HIM GET OUT
Expert:  Ellen replied 7 years ago.
Hello,

She can bring a partition action. A partition action is a court action to force the sale of a property when two owners cannot agree. She cannot simply put him out or evict him since the house is in both names. She cannot make him pay the gift back.
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