QUESTION

If my mom and her ex fiance are broken up and now he wants her to pay him back for all his gifts, can he take her to court?

Asked on Jul 02nd, 2014 on Litigation - California
More details to this question:
My mom and her ex fiance were together for 5 years. They were engaged for 7 months. The relationship was ended and now he is saying that my mom owes him 10, 000 dollars for gifts in the house like the dining room set, appliances, and even clothes he had bought her and is threatening that he has receipts for everything. He also exclaims that he wants the engagement ring back or that she could keep it but he'll add $2000 to the "10,000 dollars she owes him". There is no written contract that says my mom has to pay him a dime back, but she is willing to give the ring back. He also has a car we paid $4,000 on that is in his name but we have a money trail of written checks that go to the car which is in his possession. Would he have to pay my mom back for the money she put in the car since he has the car back? She had no intention of wanting the money back for the car, which was not a gift. Does she have to pay him back for all the gifts he had bought her and is now saying that he "loaned her". And if there is no written contract, can he take her to court for the gifts that he is now lying about?
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2 ANSWERS

Gifts are gifts and you can not sue for their return.
Answered on Jul 07th, 2014 at 4:54 AM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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You can't stop someone from filing a lawsuit. Your mom's best defense is the items were a gift and not a loan. Generally If the giver of the engagement ring backs out of the contemplated marriage, the receiver is entitle to keep the ring.
Answered on Jul 04th, 2014 at 6:25 PM

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