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legalgems, Lawyer
Category: Legal
Satisfied Customers: 7084
Experience:  Just Answer consultant at Self employed
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My boyfriend gave me a large lump sum down payment on my

Customer Question

My boyfriend gave me a large lump sum for my down payment on my house. Now 6 months later he wants to initiate paperwork saying I have to pay him back. My name only on the house and mortgage. Does he have rights to my house? Can he make me pay him back?
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

It would come down to whether it was a gift or a loan.

If it was a gift, then there would be no repayment issue.

If it was a loan, then one would need to pay the money back or the lender can sue. Oral and written contracts to lend money are enforceable, but the party suing (the plaintiff) has the burden of proof. So it would come down to whether the judge believed it was in fact a loan or gift.

The lender cannot claim any right to the house, as that is only allowed for "secured creditors" - ie when the house is put up as collateral, and that requires the signing and recording of the document with the county recorder.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

One alternative for these type of disputes is mediation-it is cheaper than litigation and when personal relationships are involved, the neutral mediator may be successful in helping the parties negotiate an agreement.

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