If my boyfriend gave me cash to purchase a home in my name only, can he now take it back?
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If my boyfriend gave me cash to purchase a home in my name only, can he now take it back?
Asked on August 31, 2015 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Was the cash a loan or a gift--that is the critical question. If the cash were a loan which you were to repay, and IF you failed to repay it on time, then he could sue you for the money and may be able to, pending the outcome of the case, maintain lis pendens to ensure repayment. Note that even if it was a loan, if repayment was not dimue yet or if you have been making the agreed-upon payments, he can't sue...creditors may only sue in regards to loans if the debtor breaches or violates her obligations.
If the money was a gift, he cannot get it back a gift, once given, belongs to the recipient and cannot be ungiven. So if it was a gift, he has no claim.
If there was nothing in writing and he takes legal action, to a large extent it will become he said, she said--it will be his wors againat yours, though a court will also look at the surrounding facts or context to see what is more likely or xredible. If the court believes him, you could dind yourself liable for repaymebt.
Since he appears to be in the first steps of legal action, yiu are advised to retain an attorney to help you.
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