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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8713
Experience:  Just Answer consultant at Self employed
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If I was engaged and living with someone, then we split up

Customer Question

If I was engaged and living with someone, then we split up am I titled to anything I purchased while living with them.... examples A car I put in their name and paid off, kitchen appliances, washer and dryer
JA: What state are you in? It matters because laws vary by location.
Customer: we split up last night and I went to stay in a hotel to let her calm down, by the time I came back this morning she had used the bank card and paid over $3000.00 of her bills off and now said you aren't getting nothing.. I thought we were going to get married so I gave her whatever she asked for now she is taking ME for a ride
JA: Has anything been filed or reported?
Customer: What do you mean
JA: What confuses you?
Customer: been reported or filled, do I make a police report? we were not married and been together less than a year
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just if I have legal rights and get some of the items back
Submitted: 2 months ago.
Category: Legal
Expert:  legalgems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 2 months ago.

I'm sorry to hear this;

what state is this in regards to?
Was she an authorized user on the card?

Customer: replied 2 months ago.
State of TXand yes I had gotten her a bank card when we opened the account
that I supplied the money, she lost her job about two weeks after we moved in together so I was the sole provider
Expert:  legalgems replied 2 months ago.

Ok; so as an authorized user, between the card company and the account holder, the account holder would be liable.

However, for broken engagements, the court will often look to the parties' intent at the time of the gifting to determine if it was a conditional gift; for example, were the gifts contingent upon the marriage taking place (this is how the courts are able to order that a person must return an engagement ring- because it is a contract, and when broken, the ring must be returned).

So unless there is evidence that indicates there was a straight gift, no strings (contingencies) attached, such as for a birthday or holiday present, then the court will typically find it to be conditional. When the condition does not come to fruition, the aggrieved party may sue for the monetary value.

In TX, the small claims court has jurisdiction for cases up to $10,000 - please see here

As for the last minute binging on the credit card- the court would likely find that to be in bad faith, and implicit in every contract (whether oral or written) is the implied covenant of good faith and fair dealing.

One may wish to mediate the case with a neutral third party mediator; otherwise if the damages are less than $10,000 small claims would be the appropriate forum.

Further questions? Please post here to continue the chat.

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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 2 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!