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Repaying money that is a gift vs. loan

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emsobel

Junior Member
I live in Missouri.

I recently called off an engagement after a 1-1/2 year relationship. There has been almost no contact between me and my ex for 6 months (since July). He still has a couple of my things at his house where we lived together, so I sent him an e-mail asking for those items back. The two items are a dress and coffee maker. He replied and said that I could have them back and that since I made such a big deal of getting them back, he now wants repayment for several things he payed for during our relationship. He payed for 1 month of rent for an apartment I still had after we started living together. He also wants payment back for taxes he paid on my auto for 2003. Also, he wants payment for my share of a vacation that we took together during the relationship. Finally, he wants a payment back that he made towards my credit card when I was in between jobs. These payments add up to be about $3100. He communicated all of this in an e-mail to me last night and stated that I had 10 days to make payment or he'd take further legal action.

There was never any verbal or written agreement for repayment, thus making me think that they were never loans. He never asked for any reimbursement until now--6 months after separation. Does he even have a case?

What are my rights? What should I expect? Should I respond to him, repay him? Can he prove me wrong?
 


S

seniorjudge

Guest
This sounds like one of those "common law divorces" that often winds up in small claims court.

A contract requires three things: agreement, consideration, and (in some cases) a writing.

If a person who claims money owed can prove there was an agreement to pay it back, then it is a loan not a gift.

If a person who claims money owed cannot prove there was an agreement to pay it back, then it is a gift not a loan.
 

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