Am I obligated to repay money that my boyfriend of 6 years said that he loaned to me?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I obligated to repay money that my boyfriend of 6 years said that he loaned to me?

We did not share households but he did help me pay my bills. He did not ask for repayment or say this was a loan during our 6 years together. He did ask me to write a notarized letter prior to my surgery stating that should I die that my estate pay him the money. I did do this and it reads ” I, ————- upon my death, accidental or natural will have my estate pay to ———— the sum of $27,185. Notarized, signed and dated XXX.” I recovered the surgery just fine and this letter was not brought up again, nor has he talked about repayment until we broke up 2 years ago.

Asked on April 16, 2012 under Bankruptcy Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF the money had been a loan at the time it was made, he might still have time to take legal action to recover it: the statute of limitations (or time to sue) in MN is 6 years for both contracts and  promissory notes, so depending on the extact time frame, he might be able to take action.

That is assuming it was a loan, however. If the  money was a gift at the time it was provided--that is, it was made without expectation of repayment--he cannot after  the fact convert it to a loan; once money is gifted, the giver has no right to its return. Of course, if he "remembers" things differently, he can (assuming he is still withing the statute of limitations) try to sue you and prove it was a loan; he would need to be able to prove by a preponderance of the evidence (more likely than not) that it was a loan, not a gift, and you could provide your own evidence or testimony to show it was not a loan. Without some actual promissory note or written contract or agreement to repay, the advantage  would lie with you, since as the one suing, he'd have  to affirmatively prove his case.

The letter you describe, by the way, does not seem to prove that it was a loan--the language your quote says nothing about the money being loaned--and would likely not have been enforceable had you passed away, since it does not appear to meet the requirements to be a valid will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption