QUESTION

ex fiancé gave me $ new home deposit. I had to breakup w her due to her abuse. She wants me repay her and is suing me. Deed & mortgage in my name

Asked on Apr 13th, 2020 on Property Law - New Jersey
More details to this question:
My ex fiancé out of the blue said she wanted a house together. I was shocked and wasn’t ready. I told her I didn’t have the $$ for a deposit. She said she could give it to me. She was / is still getting divorced. No gift letter made bc mortgage broker knew we were engaged. Mortgage and title in my name bc of her low credit score and still divorce in process. I had to breakup w her due to her alcoholism and abuse. Got a TRO. Got her out to protect me and my kids. She is still angry. Now she is suing me for repayment of her gift money for the deposit. She wanted me to sign a Promissory Note while we were together and I refused. It didn’t seem right since that wasn’t the intent. It was a gift that I appreciated, never asked for and certainly couldn’t repay now even if I wanted. She is suing me for repayment of this gift saying she never signed a gift letter. She also wants equity in the house. criminal abuse charges pending against her. She is harassing & disparaging me
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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You are not going to like my observations and my advice, but my role is to give you competent legal advice based on the issue presented. You and she were planning on getting married and in anticipation of that marriage, she put up money towards the purchase of a home. The fact that title is in your name alone does not mean that she has no equitable claim or that you simply get to keep her money. Even if she signed a gift letter, it was still money advanced in contemplation of marriage and therefore you need to address a repayment plan. The fact that you have a restraining order or that she is an alcoholic or any other bad thoughts you have about her does not change your obligation to her. My suggestion is that you need to either work out a payment plan with her for repayment purposes or you need to list and sell the house and repay her the money she advanced. If you think that you will not recoup the full amount paid for the house on a sale, then she should get back her proper percentage of the net proceeds of the sale to make her as whole as possible. Sorry, but you acknowledged that you would not have been able to buy this house without her contribution and it was given over with the expectation that she and you would be living together in the house as the marital home. Bigger issue for me are your children. From everything you said about her, it is clear that she would have presented a danger to your children if you and she were living together and they were exposed to the drinking and violence. Again, you may feel that I am overstepping by bounds, but I suggest that you consider getting counseling for yourself to help you better understand yourself and to help you moving forward with new relations. My focus is on who you decide to introduce to your children. Clearly, in retrospect, this was not someone you should have introduced your children to and I’m sure that she caused you too much stress and potentially caused your children stress as well. The goal is to try and better understand yourself so that you reduce the likelihood of letting this type of person into your life (and into the lives of your children) moving forward. 
Answered on Apr 14th, 2020 at 8:34 AM

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