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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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if a large amount of money was given as a gift and no paper

Customer Question

if a large amount of money was given as a gift and no paper work was ever signed dated or witness. Can he make me pay it back
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.


My ex 2years ago gave me some monies so that i could sort myself out. I never asked for the money he said tat he wanted me to take the money and it was a gift as he ddnt like to see me upset. Acheque was given to me . No agreement was ever signed or nothing ever written down or witness at all. W split up last year and he s wanting me to pat the monies back and is taking me to tribunal


 

Expert:  Jo C. replied 4 years ago.
I am sorry but he does have a claim.

Obviously if he accepts at court that this was a gift then he will lose because a gift cannot be reclaimed. However it's quite likely that he is saying that this was a loan and I'm very sorry to say that it isn't really very credible to say that this was a gift. Partners do buy each other expensive presents all the time but I'm afraid that a sum of money just plain tends not to be a romantic gift.

The fact that you didn't sign anything is no defence unfortunately. Contracts can be oral and most are between partners. If he has a trace of the transaction then that will be sufficient to prove it.

I'm very sorry but that is your position.