QUESTION

my ex fiance is claiming I owe him money and is trying to sue me

Asked on Dec 06th, 2016 on Civil Litigation - Wisconsin
More details to this question:
Me fiance gave me money through my paypal account over a 3yrs period. He had me send invoices so he could pay them using his cc. He told me to put it was a loan from him to me on some but not all even though the money was considered a gift to pay for bills and expenses. We are no longer together and he is now suing me for the money he gave me.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Gift or loan? These are always difficult issues. If it is truly a loan, is there anything in writing that would evidence the loan? a promissory note? a signed agreement? payment terms? interest charged? have you ever made payments back to him during the relationship? Absent those factors, he will have a difficult time proving that the money he gave you was a loan. If it was a gift, depending on the amount, did he file a gift tax return?  Was anyone present other than you two when there were discussions about his giving you the money and what the intention was? Under Wisconsin law, if an engagement is broken off, the ring has to be returned, regardless of fault or who broke off the engagement. In small claims court, it is possible that the court commissioner treats the money issue much in the same way, weighing the fairness and equity of your keeping the money claiming it was gifted to you, but is argument that it should be returned whether a loan or not, because the relationship is terminated. It is a very difficult case and one in which there is no clear answer on what the outcome might be.
Answered on Dec 07th, 2016 at 6:59 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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