What to do if my ex-boyfriend gave me $12,500 as a gift but now is asking for the money back and threatening me with legal action?

He said that I could spend it on a car, new bed or basically anything that I liked. The thing is, I already spent a large portion on a car and a few other things, as he previously told me too. What should I do? Do I have to pay the money back?

Asked on September 23, 2012 under Bankruptcy Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country once a gift is given, then it cannot be legally reclaimed by the giver. If the $12,500 was a true gift to you, your "ex" has the burden of proving that it was not. If the money was truly a gift and not a loan, then you need to decide whether you want to fight any lawsuit or simply return the money. If you have witnesses who will state that the $12,500 was a gift to you, then you should take the position the money is yours.

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