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I gave a my fiancee $25 thousand..She singed the chk monos ...
Sent to Legal Experts August 06 06:58 PM

I gave a my fiancee $25 thousand..She singed the chk monos "loan".....and she said i will pay you back when my house is sold...i told her You don't have to pay me back cause We are getting married in the fall of this year....Since then she has broke up with me for another man...Can i take her to court to get her to pay the money back like she said she would.Ssince she in now not marring me...

 

Optional Information:
Paradise, California

Already Tried:
Nothing yet...She just today said she was not paying me back..

Customer (name blocked for privacy)
Answer
August 6 7:23 PM (24 minutes and 27 seconds later)
         
ACCEPTEDCheck Mark
In California, there is a statute that allows a person to recover gifts of money or property, in a just amount, where such gifts were made "in contemplation of marriage" where the other party breaks off the engagement or where it is broken off mutually.

The code section is Civil Code Section 1590 and may be found by clicking the following link: Click Here.

In the particular facts you gave, it would seem that a person may be entitled to recover the amount of the money given.

The hard time that most people have with this type of case is proving that the gift was made in contemplation of marriage. However, for some reason, Courts only regularly apply this particular Code section to engagement rings. Other than engagement rings, Courts tend to consider such gifts as "outright gifts" instead of gifts in contemplation of marriage, absent some other proof. Where you specifically stated that the gift was given because you were being married, this would seem to establish that it was a gift in contemplation of marriage. However, in Court this may be a somewhat uphill battle.

Something that I often recommend in consultations with regard to similar situations is to provide a copy of the Code section to the other person with a letter and see if they would be willing to make some sort of payment arrangement. If so, the giver may be able to get them to sign a written agreement to pay you back, and, if they do, they can rely on the written agreement for a lawsuit if the receiver fails to pay them back. If they decide not to sign an agreement, there is still a chance that the giver could recover the gift in a lawsuit.

If I failed to answer your question completely, please let me know and i will do my best to supplement my answer.

If this information was helpful, please click ACCEPT.

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Reply
August 6 7:29 PM (6 minutes and 17 seconds later)
         
but she wrote loan in the checks memos...
Answer
August 6 7:47 PM (17 minutes and 34 seconds later)
         
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