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if you are in a relationship and money has been given and you…

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if you are in a...
if you are in a relationship and money has been given and you split up and the other person then tells you that it was a loan and wants to be paid back but there is consent to it being a loan and the only possible thing that may desinate that some of it was a loan was writen in the coments on some of the checks
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/24/2010
Lawyer: Marsha411JD, Attorney replied 8 years ago
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,989
Experience: Licensed Atty, 29 yrs exp in the practice of law.
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Hello,

Can you tell me what your question is?
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Customer reply replied 8 years ago
is the other person liable to pay the money back or is it considerd a gift
Lawyer: Marsha411JD, Attorney replied 8 years ago
Hello again,

Thank you for the clarification. Unfortunately I won't be able to tell you what a court would decide. What the court would do is look at all the facts and circumstances around the transaction. Like what it was for, what each person's understanding was about whether it was a gift or a loan, whether the person that received the money would be unjustly enriched if they kept the money, and what other evidence there was that pointed to a loan versus a gift. Certainly if there is a notation on the check that it was a loan, that would be some evidence of what the person giving the money expected. In the end though, the court will decide based on what they think is equitable in the situation.

So, if the parties want to avoid litigation and the chance that it will end up costing them more in the end, they might want to sit down and reach a compromise.
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