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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Im thinking about suing an ex-girlfriend For a loan I made

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I'm thinking about suing an ex-girlfriend For a loan I made to her. It was to pay her for her divorce proceedings As well as some credit cards. The approximate cost of the lawyer was $16,900 Along with about another 6,000 I loaned her to pay for credit card bills, etc. while there isn't anything on paper between her and I, her asset sheet for the divorce lists everything as loans. Also, the checks written to her lawyer were discussed in a non privileged conversation. ( her lawyer made it very clear to her that it was non-priveledged due to me being there). She has considerable assets and has moved back in with her husband. Can I sue to recover any of the money?
Hi,

Thank you for the question.

The issue here will be whether this was a gift or a loan. In order to prove that it was a loan, you will need to establish that you two had an agreement regarding the terms of the loan. Did you have a specific agreement with her regarding the money being a loan? If so, what were the terms (i.e., when was she supposed to pay you back, was there a payment schedule and was there any interest?)
Customer: replied 3 years ago.

While there were no payment terms, it was specified by her lawyer in her financials, that it was a loan. Also, if She does not get divorced, and the payment was made to the lawyer for her to do so, is there no breach of contract?

If it was specified in her financials that the money was a loan, then you have very good evidence in the form of either a judicial admission. However, this still does not state the terms of the loan. Because you will be suing her for that, the burden is on you to prove the terms of the loan. Essentially this means all you have to prove is that you loaned her the money and that she agreed to pay it back. If you can prove this, then you have a good claim. The fact that you have evidence in the classification of the money as a loan in her financial records is clearly going to side in your favor.

In regard to there being a breach of contract claim for her failing to get a divorce, I do not think this will stand and you would be better sticking with the argument that the breach was the failure to repay the loan, not the failure to get a divorce.

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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