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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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in an engagement situation I was put into considerable debt

Customer Question

in an engagement situation I was put into considerable debt that was paying for things that were not in my name. now this story is more complicated I was married to her prior to this. this of course makes me a fool but can I honestly expect to get any money back, even if I win a judgement I think it is still hard to force her to pay me back.i have some money now to pay for counsel and feel like I was robbed more or less and I should be the bigger person and let it go. but I don't want to. and I owe money to the irs for the income she got from me. I know it is not right what she did but do I have a reasonable chance of recvering any money.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

This will all depend on whether the law will classify what you gave as a gift or a loan.

When you bought these things for her, did you at the time you made the purchase have an agreement or understanding that she was going to repay you for the amount you spent?
Customer: replied 1 year ago.

no not really like that, but in this engagement she says we will clear up these bills. I said I could if we would be planning on marriage again I made that very clear. now she says that it was just helping her out. I think I could make a clear argument that no one and not I in particular would do these things that I did without the thought of marriage and then she says ooooh your mistake. clearly it would show she was deceiving me I believe

Expert:  TexLaw replied 1 year ago.
I understand.

The law requires that before one person owes a debt to another, the parties have to have an agreement regarding the debt. Here, there was no agreement for her to pay you back. While ethically and morally, she should pay you back, the law does not require it and will treat this as a gift rather than a loan.

Specifically, gifts made in consideration of a future marriage are not revocable when the marriage does not take place.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN

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Lead trial/International commercial attorney licensed 11 yrs