Legal Question in Civil Litigation in Massachusetts

Auto Purchase

My ex boyfriend insisted he put money towards the purchase of my current vehicle while we were dating. I was reluctant to let him yet he did anyway. I made payments back to him out of courtesy but under no written obligation or contract. The title of the vehicle is soley in my name. Know that we have seperated he is threatening to take legal action for reimbursment. Does he have legal grounds to force me to pay him back? The amount is about $5000. Again no written agreement. By the way my ex is also an attorney. Any help will be greatly appreciated.


Asked on 5/11/06, 11:17 pm

2 Answers from Attorneys

Peter Smith Smith & Janian, LLC

Re: Auto Purchase

Based on the facts provided, it appears the $5,000 was a gift to you and that he has no legal title or interest in the car. However, there are always two sides to a story and he may have an "unjust enrichment" claim based on other facts. I would advise you to seek an attorney so that your case can be examined more thoroughly.

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Answered on 5/12/06, 7:32 am
George Davis Law Office of T. George Davis, Jr.

Re: Auto Purchase

The answer to your question doesn't appear to be clear cut. You state that your ex-boyfriend gave you a gift of $5,000 toward the purchase of your car. My best guess is that he will claim that it was a loan, in which case we have a classic "he said, she said" situation. The only way to determine who has the better case will be upon a closer evaluation of the facts, and I think you should talk to a lawyer about this in greater detail. In your favor is the fact that your ex (who also happens to be an attorney and presumably should have known better) didn't have you sign an agreement or promissory note to evidence a debt. However, his case is not dependent upon there being a written document as long as you had a "meeting of the minds" about what the deal was, and one fact in his favor is that you later made payments to reimburse him. He would likely argue that this is evidence that you and he agreed that what you received was a loan. I'm sure there are other facts that might help shine light on this issue, but it doesn't appear to be clear cut either way from the information you provided. Rather than expending time and money litigating this issue, perhaps you (assisted by an attorney) and your ex can reach a settlement somewhere in the middle.

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Answered on 7/05/06, 6:29 am


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