What is the name of your state? GA
My fiance suggested I take money from him instead of acquiring a loan to purchase a parcel of land that I had previously owned and resided on. This land had been in my family since 1969 until I sold it in 2001. It became available for sale and I wished to buy it back. I was going to get a loan, but he said he would give me the money instead because he didn't want me to go into debt.
A year later, he broke up with me after I caught him cheating. Now, he sued me for the money claiming 'unjust enrichment'. The judge found in his favor. However, the judges 'Findings of Fact' are incorrect! The judge states in his findings that I ask for the money, then broke up with my fiance and that the 'gift' was in contemplation of marriage. I did not break up with him AND I did not ask for the money in the first place.
How can the judge state these things in his 'findings' when they were not said in court and what can be done about it? And I'm sure this doesn't make any difference, but my ex-fiance lives in a $300,000+ home and I'm living in a $20,000 mobile home. What a jerk!
I agree that there was an enrichment and impoverishment. However, I feel this enrichment was justified as I was stupidly willing to continue with the engagement and marriage. I also feel that the enrichment is justified as a lesson to the unfaithful donor.
We are appealing the case. Thank you for any advice.
My fiance suggested I take money from him instead of acquiring a loan to purchase a parcel of land that I had previously owned and resided on. This land had been in my family since 1969 until I sold it in 2001. It became available for sale and I wished to buy it back. I was going to get a loan, but he said he would give me the money instead because he didn't want me to go into debt.
A year later, he broke up with me after I caught him cheating. Now, he sued me for the money claiming 'unjust enrichment'. The judge found in his favor. However, the judges 'Findings of Fact' are incorrect! The judge states in his findings that I ask for the money, then broke up with my fiance and that the 'gift' was in contemplation of marriage. I did not break up with him AND I did not ask for the money in the first place.
How can the judge state these things in his 'findings' when they were not said in court and what can be done about it? And I'm sure this doesn't make any difference, but my ex-fiance lives in a $300,000+ home and I'm living in a $20,000 mobile home. What a jerk!
I agree that there was an enrichment and impoverishment. However, I feel this enrichment was justified as I was stupidly willing to continue with the engagement and marriage. I also feel that the enrichment is justified as a lesson to the unfaithful donor.
We are appealing the case. Thank you for any advice.