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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37488
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I got engaged and was pregnant. My fiancé and I decided to

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I got engaged and was pregnant. My fiancé and I decided to purchase a home together. My father came forward and told me of money he put aside for me and I could use it to help with the purchase. I shared this info with fiancé who proceeded to, after we found a house we loved, to call me on a moments notice, when my father and I were at work, and claim he had to have the 70,000 now so it could go through 3 bank cycles. He said otherwise closing would be 6 months away. My mom agreed to give him a check. He had verbally agreed to my father and I to sign a promissory note but my mom was caught off guard. He encouraged me to do bankruptcy due to debt, therefore not allowing me to be on mortgage or deed. We moved. 15 months later he ends relationship and kicks me out. The 70,000 was the downpayment for the house. Which he lives in. My dad tried to sue for my money but the exfiance provided a gift letter which my mom had signed unknowingly gifting him the money. The gift letter was filled out by him, claiming he was son in law, my mom only signed, no date. My father, on his tax form gifted it 35000 to me and 35000 to him. My parents dropped the suit fearing for my safety. Do I have any case trying to get any money back
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. It is a shame that you were so taken. Were your parents trying to sue for the whole $70,000 or just the $35,000 that he was allegedly gifted?
Customer: replied 1 year ago.
The whole 70,000.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

In that situation I do not quite see your grounds for suit here. That money was never yours, it was your family's money. Therefore you cannot sue for something you never personally possessed. At most you could sue for half, or the $35,000, on the legal basis of fraud and breach of contract--that money was in theory yours which you provided to him for the home, and that amount you could claim belonged to you. The whole amount that was gifted is ultimately up to your parents to pursue (or choose not to pursue), but as this money never legally became yours, you would not be considered a proper plaintiff in this case.

Please let me know if that makes sense and let me now if you need me to further clarify. Good luck!

Customer: replied 1 year ago.
i do understand, and thanks. I just find it hard to believe that legally he should be able to keep the house and money that was gifted on condition. We were engaged, therefore isn't there any law, like engagement rings, that if marriage never occurred then the money goes back? My parents wouldn't give just anyone that much money. It seems to me that it's not right and there has to be some recourse
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

It is not quite a 'condition'--the gift letter that he ended up forging is the reason for the claim. If your parents can fight the letter and show that it was not authentic or was not obtained property and instead was signed under false pretenses, then the transfer could be reversed. But if they are unwilling to fight it really places you in a weaker position of claiming rights to this money since at least on paper it does show that he is the one who is legally entitled to the funds. Furthermore, a conditional gift like an engagement ring must be so stated up-front and even then different states have different laws on their return. In some states, for example, the one who breaks off the engagement ends up being called the breaching party and that party would not be able to get the ring back. Other states consider it 'no-fault' and require a return regardless. But your case was different since nothing was expressly written that this was given as a wedding present, so it would not be considered conditional.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37488
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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