What to do if I gave my boyfriend money toward the purchase of a motor home for the both of us, but he left and has not given me my money?

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What to do if I gave my boyfriend money toward the purchase of a motor home for the both of us, but he left and has not given me my money?

I have the cancelled check; $6500. I gave him toward the purchase of the motor home. He lived with me for 4 years. A month later her moved out and sold the motorhome. He refuses to give me my money back.

Asked on December 30, 2010 under Bankruptcy Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should consult with an attorney, since you need someone to evaluate the situation in all its details. Basically, there are three possibilities, which depend on the facts, context, etc.:

1) The money you gave him was a gift; if it was, he has no obligation to give you anything.

2) The money you gave him was a loan; if it was and you can prove its terms, it needs to  be repaid in accordance with those terms.

3) The money you gave him was your share of the purchase price--you were buying the motorhome together. In that case, you should get that portion of the proceeds of the sale representing your share. (For example, say the home cost $26k and you paid 1/4 of it; you should get 1/4 of the proceeds.)

The outcomes differ substantially, so what matters are legally, what were the terms under which you gave him the money, and practically, what can you show or prove (e.g. what evidence do you have). That's why you need to discuss this in detail with an attorney.


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