Legal Question in Civil Litigation in Nebraska

Refinance house, financed truck for girlfriend using that money

I recently refinaced my home and used that money toward a new vehicle. My girlfriend and then soon to be wife put the vehicle under her name only. Unforunately we broke up before the marriage. She refuses to pay me back any of the 21,000 that I payed for the truck. I have checks showing that I made the payments for the truck, the refinancing for the loan.. but the truck was in her name. Is there anything I can do to retrieve the money. It's almost been a year now. Thanks


Asked on 5/21/02, 10:41 pm

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: Refinance house, financed truck for girlfriend using that money

Whether or not any legal action can be taken will depend on the circumstances surrounding the purchase of the truck. If the truck was given to her as a gift, the transaction is complete and the courts will not upset it, unless the gift was expressly conditioned upon marriage. In other words, if the truck was given like an engagement ring-"I'll give you this gift only if you agree to marry me..." then the court may order return of the truck or its value. If her name appears on the title of the truck because she deceived you about whose name would appear of the title to the truck, the court may also order the return of the truck or its value.

Since you were never married, the traditional rules of division of property in a divorce won't apply. This is a close question, and you should consult an attorney to examine all the potential factors which may determine the outcome. It is certainly worth your time and effort to protect your rights given the value of the truck and the expense associated with refinancing.

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Answered on 5/22/02, 12:13 pm


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