Can I be reimbursed for expenses that I incurred while living at my ex-girlfriend’s palce?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I be reimbursed for expenses that I incurred while living at my ex-girlfriend’s palce?

I moved in with my girlfriend for 7 months before we broke up. In that 7 months i made many repairs/remodeling/improvements/bought furniture for her house and car. I never changed drivers license address to her address but I do have bank statements showing I was paying the mortgage. I also have receipts for materials bought for repairs to her house and car. Do I have a case to be reimbursed for my investment?

Asked on May 13, 2012 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You only have a case for reimbursement IF at the time you made these payments, they were made as a loan (or in the case of items you bought, you bought them for yourself, and merely happened to have them in the girlfriend's house for your joint use). If you can show that you either never gave items to your ex-girlfriend, or loaned money (including by making payments for repairs on her behalf) with an agreement (whether written or oral) that she would repay, you can recover the items or money.

On the other hand, if the payments or items were a gift when made--you paid the costs, loaned the money, bought the furniture, etc. with no expectation of repayment--then you cannot recover them; if something is a gift when made, the giver loses all claim to it and may not retroactively or after the fact try to recover it.

That's the law. As a practical matter, if your ex-girlfriend will not agree that these things were loans or were owned by you, but instead claims they were a gift, if you sue her, it will come down to who is more credible and/or has more evidence (like emails or text messages) on his or her side. Note that if you sue her--which you'll have to do if she does  not voluntarily repay--the advantage lies with her; as the plaintiff, or person suing, you have to prove your case by a preponderance of the evidence, or that it was "more likely than not" that these things were loans or belonging to you. You must be more persuasive than her--if everything is equal, she will win.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption