QUESTION
Can someone force you to repay a down-payment that was given as a gift
Asked on Sep 17th, 2021 on Contracts - Pennsylvania
More details to this question:
My ex fiance and I bought a house together. He left the house on his own free will and we split up a month prior to the wedding. I have a gift letter he signed with the bank stating the money he put in was a gift. Now he is demanding I pay him back and we sell the house. He wants the money in a cashier check prior to it going up for sale. Can he do this?
1 ANSWER
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Your question is in the nature of contract law. The ex fiancé will have to prove that the funds were intended as a loan. He will have a hard time doing that when he signed a gift letter. His only remedy is to sue and you will have a good faith defense that it was a gift which is what he told the bank.
I trust this was helpful, but am happy to advise you further on a free initial basis.
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Matthew R. Nahrgang, Esquire
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Collegeville, PA 19426
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Answered on Sep 21st, 2021 at 1:30 PM