Legal Question in Civil Litigation in Illinois
I have a problem. My mother gave my then boyfriend $10,000 towards the purchase of a home. The agreement was that she would live in the home and pay him rent to be used towards paying off the home (he was going to buy the house outright, with cash), until she could obtain a loan for herself. She wrote him a check and on the memo line, she stated it was for the home purchase. He was talking to his lawyer to write up an agreement stating that she would be paying him so much in rent, and if at any time something happened that she would move out of the hime, he would pay her back the money she had given him. Well, of course, something happened and the deal fell through. Now he will not pay her back the $10,000. Unfortunatley the agreement was not signed beforehand, but there is other documentation showing that the money was to be used for the home only. What options do I have to get him to give back the money he owes my mother?
2 Answers from Attorneys
Your mother may need to sue him. Since it is $10,000, she could sue him in small claims court. The burden would be on your mother to prove that she is legally entitled to the money.
I agree with Tom.
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