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Gifting Money to Buy a Home, then Breaking Up

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  • 02-12-2013, 09:24 PM
    tog
    Gifting Money to Buy a Home, then Breaking Up
    My question involves a relationship in the state of: Ca

    After my mother passed away she left me some money to buy a home. Since I had previously gone bankrupt and could not buy a home in my name, I gifted a large sum of money to my boyfriend of 4 years to purchase a home for the two of us with the intent that we would be together. Two months after moving into the house he broke up with me and is now living there with his new girlfriend. I want to sell the house and get back the money I gifted to him. He is refusing to sell. What are my options?
  • 02-12-2013, 10:15 PM
    Disagreeable
    Re: Breaking Up After Gifting Money to Buy a Home
    Apparently, you do not have any. You freely admit the money was a gift.
  • 02-13-2013, 03:06 AM
    flyingron
    Re: Breaking Up After Gifting Money to Buy a Home
    You need to look up the definition of the word "gift."
  • 02-13-2013, 07:00 AM
    Lehk
    Re: Gifting Money to Buy a Home, then Breaking Up
    if the money was in fact a gift and there was no contract your options will be quite limited.
  • 02-13-2013, 09:27 AM
    LawResearcherMissy
    Re: Gifting Money to Buy a Home, then Breaking Up
    Quote:

    What are my options?
    Take this as a lesson learned the hard way and never, ever buy property with someone you're not married to or don't have an explicit contract with.

    You GIFTED him the money. That means it's gone. It ceased to be yours when you gave it to him.
  • 02-13-2013, 10:43 AM
    Mr. Knowitall
    Re: Gifting Money to Buy a Home, then Breaking Up
    If you make an unconditional gift, once you complete your gift the subject matter of the gift (whatever it is you gave away) belongs to the other person. If there are more facts you have not shared which might suggest that this is something other than an unconditional gift, please share them.
  • 02-13-2013, 06:26 PM
    tog
    Re: Gifting Money to Buy a Home, then Breaking Up
    Thank you for your response. It was not a conditional gift. I thought I could trust him after 4 years. I thought we were getting married. I thought wrong.
  • 02-14-2013, 06:30 AM
    Mr. Knowitall
    Re: Gifting Money to Buy a Home, then Breaking Up
    He must be quite an actor....
    Quote:

    Quoting California Civil Code, Sec. 1590.
    Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just.

    So... if you believed that marriage was going to occur, and the relationship was broken off by your ex, you can potentially build a case under that statute.
  • 02-14-2013, 11:56 AM
    mmmagique
    Re: Gifting Money to Buy a Home, then Breaking Up
    OP, please talk to some attorneys in your area, and see what they have to say. Get a few consultations, tell your story and listen carefully to what they are telling you. You may have some recourse.
  • 02-15-2013, 09:25 AM
    tog
    Re: Gifting Money to Buy a Home, then Breaking Up
    Does "assumption of marriage" constitute an engagement? We were not engaged.
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