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LegalKnowledge, Attorney
Category: Legal
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Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My Mother loaned my fiancé and I money on two separate occasions

Resolved Question:

My Mother loaned my fiancé and I money on two separate occasions to repair and to help with the down payment on a mortage for his former marital house. The checks were written out to me, I cashed them, and deposited them into his account. The mortage company does have a "gift" receipt for the $12000 under my name. We have since separated, he kept the house and now hasn't repaid the money back to my Mother. The first loan was for $5000 and the second loan was for $12000. He repaid $9800 but nothing more since we parted ways. Since he kept the house, which the money was for, is there anything I can do to get this money from him ?
Submitted: 2 years ago.
Category: Legal
Expert:  LegalKnowledge replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your situation and concern. Just to be clear, there was a total of $17,000 loaned to you by your mother and out of that amount, he has paid back $9800? In addition, when the home was purchased, why was your name not listed on the title to the home? Why did he get the keep the home, if you had a legal interest in it?
Customer: replied 2 years ago.

My name was on the title originally, and like a fool, I allowed him to black mail me into removing my name from the title in order to get ANY of the money from him. That is how I was able to get the initial $9800. My name was not on the mortage.

Expert:  LegalKnowledge replied 2 years ago.
Pamela, thank you for the additional information. If the money was a loan and not a gift, your mother would have to sue your ex fiance, for the amount which is currently owed and outstanding. Even though the agreement was oral/verbal and not in writing, it would not prevent her from suing him. It would only make it harder to prove that this was a loan and what the terms and conditions of the loan were. However, an argument can be made that if you both agreed to borrower this, that the debt should be shared equally. As such, if $17,000 total was borrowed, you each would be liable for $8500. If it already paid back $9800, he could have a possible defense. That would be up to the Judge to decide, based upon the cause of action and evidence presented by your mother. As far as the issue with the home, if he did black mail and trick you, you could have a possible cause of action to get your entitled share/legal interest to the home. You would need to show what he did, that you gave him this money and what the intent/agreement between the both of you were. I know, at the time, you were planning on getting married and owning the home together but you could still show that you have a legal interest in the home, based upon the money you gave him and the intended purpose.

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Customer: replied 2 years ago.

My questions: Since the money was needed for the home, and now the home is soley his, wouldn't it mean he should be responsible for that loan ?

Also, would it be considered theft by deception since it was less than 6 months AFTER he got this money, we parted ways. It almost seemed he used me for the purpose of getting the finances he needed since he had no other means to get this money. I just want my Mother to be reimbursed for her effort to help him purchase this home.

Expert:  LegalKnowledge replied 2 years ago.
The burden would be on you, to show that he used you to get this money and his sole purpose of getting engaged, was to help obtain the home, using both you and your mother. It may be hard to prove this and that the separation was a result of no other reason. Even then, you may still have an interest in the home, based upon the money you borrowed together and applied to the home. If this was just a gift, you would be out the money and legal interest. However, if you agreed to take the money and you both would have an ownership interest in the home, you would be entitled to a portion of it. The right thing for him to do would be to buy out your interest. If he will not do that, then you need to sue him to obtain relief.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 19710
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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