How can I getback money that I loaned to my boyfriend?

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How can I getback money that I loaned to my boyfriend?

My boyfriend of 2 1/2 years asked me to loan him $6K to purchase a tractor for his farm. He then asked me to purchase a 4-wheeler and trailer for approximately $8K. A few months later, he asked if I would use the money from the sale of my suburban as down payment for his PU $15K. Then he asked if I would pay for a barn to be built for $27K. I have asked him to sign a paper of intent to pay back numerous times, but he says that his lawyer advised against it. I am trying to leave the relationship and he says that he doesn’t have to pay me back. What are my options? I went in thinking I would get it back.

Asked on June 7, 2011 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Of course his attorney advised against it.  That's because he is going to claim it was a gift while you are claiming it was a loan.  So I think with the amounts that you state you loaned him here you need to go and seek help from an attorney in your area as soon as possible.  You are going to have to prove that you entered in to various contracts with him regarding the sums of money and that they were not gifts.  Do you have impartial witnesses?  The attorney can let you know what the elements of a contract would be.  Oral contracts can be as binding as written contracts as long as they do not violate a law known as the statute of frauds (which says that certain contracts MUST be in writing).  Get help please.  Good luck.


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