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I have a question concerning a plan my ex-girlfriend and I…

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I have a question concerning a plan my ex-girlfriend and I entered into for obtaining real estate. I could not afford the entire property and neither could she. I cashed out a retirement program for $20,000 And took out a personal $15,000 signature loan and she took out a personal loan for $7000. At the time of the deal I vs, I was away taking care of my ailing father, so I entrusted her to complete the deal. The understanding I had was we would purchase the property together initially and then work the procedure out when my dad passed. When the title work was done, she put her name only on the property title. I asked why this had been handled this way and was told, this is what she had always planned. So Far she has made all but one of the payments on my personal signature loan but states the property is hers. The loan is in my name which makes me responsible. I am ending up looking the $19,000 cash from my 401k, and responsible for the income tax on the total amount from my retirement account of $20,000. I live on social security and would never agreed to buying the property for her. We were breaking up anyway. Ive been told this is considered "misappropriation of funds" I need advise. Thank you.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None.

Lawyer's Assistant: Where is the property located?

Next door to my property. I wanted the property to expand the property I reside on for room to build on.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just need to know if this is a legal issue. She is still presently living in my residence as she says she has purchased a modular home to put on the property and can't afford to move out.

Submitted: 3 months ago.Category: Legal
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Answered in 7 minutes by:
4/2/2018
Lawyer: Olivia Kent, Attorney replied 3 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,028
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

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Lawyer: Olivia Kent, Attorney replied 3 months ago

Yes, this is a legal issue and you'd need to decide what you want to do and what you want to sue her for (if you want to sue her). You could potentially sue her for "specific performance" to have your name put on the title since that is what the two of you agreed to or you could sue her for your money back. Text messages, emails, communications that others may have also heard that support your position are all helpful to support your claim. People don't usually go "giving" someone else such an extravagant gift (particularly if they can't afford it) and judges understand that!

Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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