Do I have a case? Gave money to someone who lied to me in Florida.

[ADR123]

I am located in Florida. I gave $3000 to my ex-fiance for a down payment on his home. Later found out that he was actually still married to his wife and she was listed on the home with him. We were expecting a baby and engaged. I had no knowledge he was married. He also traded in my car for a newer car that was put in his name. He got $2000 for my car trade-in value and he put $2000 down out of his pocket. I paid for the car and insurance for 6 months before we broke up and he asked for the car back leaving me with no vehicle with the baby even though I never missed a payment. Would I be able to sue for the money I gave towards the home or paid into the car?
Do I have a case in small claims court for either of these situations? Thank you

 

[Just Blue]

I am located in Florida. I gave $3000 to my ex-fiance for a down payment on his home. Later found out that he was actually still married to his wife and she was listed on the home with him. We were expecting a baby and engaged. I had no knowledge he was married. He also traded in my car for a newer car that was put in his name. He got $2000 for my car trade-in value and he put $2000 down out of his pocket. I paid for the car and insurance for 6 months before we broke up and he asked for the car back leaving me with no vehicle with the baby even though I never missed a payment. Would I be able to sue for the money I gave towards the home or paid into the car?
Do I have a case in small claims court for either of these situations? Thank you

1. Yes.
2. I think you do...Bring all receipts, bank statements, policies and witnesses to court with you.
I would also advise you to file for child support ASAP if you have not already done so. Guy sounds like a real piece of ...work.

 

[Zigner]

Did you give him the money, or did you loan it to him? That's what will determine your chances at success in getting any money from him. (From the sound of it, you gave him the money).

 

[HRZ]

In some states the transfer of funds to a non family member creates the presumption it was a loan ( not a gift ). I do not know the FL issues but I'd sure check them.

And as Just Blue advised...I'd promptly file for child support ...

 

[Zigner]

I asked the OP if she gave the money vs loaning it. If the OP is honest, then she has no case.

 

[xylene]

I asked the OP if she gave the money vs loaning it. If the OP is honest, then she has no case.

The op is using the word gift colloquially. There clearly was an expectation that the money was for a house they would share in establishing the family home and a car for her use which she was making payments on.

I'm not sure that puts her better off, but there was no clear donative intent.

 

[Zigner]

The op is using the word gift colloquially. There clearly was an expectation that the money was for a house they would share in establishing the family home and a car for her use which she was making payments on.

I'm not sure that puts her better off, but there was no clear donative intent.

Well, unless the OP happened to sign a gift letter, as is often required when gifting money for a down-payment on a mortgage.

 

[Just Blue]

Well, unless the OP happened to sign a gift letter, as is often required when gifting money for a down-payment on a mortgage.

BUT!! Even if she did...It seems, per OP post, that it was with the expectation of living in the home. It was a good faith gifting of money she would not have given him if she had know he was 1. Married. and 2. Moving his wife into the home.

Personally I would try and get my money back through small claims court. The worst that can happen is she will not prevail and she will be in the same position she is currently.

 

[Zigner]

BUT!! Even if she did...It seems, per OP post, that it was with the expectation of living in the home. It was a good faith gifting of money she would not have given him if she had know he was 1. Married. and 2. Moving his wife into the home.

Personally I would try and get my money back through small claims court. The worst that can happen is she will not prevail and she will be in the same position she is currently.

Fair enough

 

[LdiJ]

Well, unless the OP happened to sign a gift letter, as is often required when gifting money for a down-payment on a mortgage.

I can see your point.

However the car is a separate issue, and that clearly was not a gift. It was money towards a car for her to drive. She made all of the car payments and paid for the insurance. I would call that unjust enrichment on his part.

 

[xylene]

Well, unless the OP happened to sign a gift letter, as is often required when gifting money for a down-payment on a mortgage.

How do you know it's not a trailer?

 

[Zigner]

How do you know it's not a trailer?

I never said it wasn't.

 

[ADR123]

Did you give him the money, or did you loan it to him? That's what will determine your chances at success in getting any money from him. (From the sound of it, you gave him the money).

I gave it to him with the assumption we were engaged to be married and this was going to be OUR home. I later found out the home was purchased with his name and his wife's name on it. I do have copies of this paperwork I obtained through public records.

 

[ADR123]

1. Yes.
2. I think you do...Bring all receipts, bank statements, policies and witnesses to court with you.
I would also advise you to file for child support ASAP if you have not already done so. Guy sounds like a real piece of ...work.

Thank you for your response. I have filed for child support which he is fighting me on. "Piece of work" does not come close to describing him.

 

[Zigner]

I can see you having better-than-even odds of prevailing on the money for the home, but not on the car.