Can my boyfriend sue me for an item we purchased together and then I agreed to buy him out of?

Asked almost 2 years ago - Buena Park, CA

We purchased a boat together. And then we broke up. I agreed to buy him out and made monthly payments on it for over a year. Then we got back together. He stopped accepting the payments and "gifted" out the balance. Now we're on the verge of breaking up again and he's threatening to sue me to take the boat back. It is titled fully in my name. Does he have a case?

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Anyone can sue anyone for anything so "can they" is never the right question, and every litigant has a case, but the better question is whether or not it's a meritorious case that they could win.

    This question depends on what your contract was, and yes, an oral agreement can be an enforceable agreement. Breach of a contract is proved by the 1) the contract 2) the breach 3) no legal excuse for the breach and 4) damages. Here you've gpt an oral contract that was amended apparently at least a couple of times. Each amendment, like the contract itself, has to be proved. Proof is through documentary evidence such as emails and texts, and through testimony of witnesses including you and him. Unless and until he does sue, don't worry about it. If he does, time to see a lawyer.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  2. Nicholas Basil Spirtos

    Contributor Level 20


    Lawyers agree

    Answered . If you are the title holder, and you made all the payments, then you are the owner. You say you agreed to buy him out, was that a written agreement?
    Then he "gifted" it? I am not sure what that means, but if he gifted the balance to you, then you can argue that he gave it to you.
    If he can show that he made payments, then he may be entitled to an offset for some of the payments.
    Threatening to sue and suing are two different things. If he sues, then you should immediately contact an attorney for a consultation.

  3. Neil Pedersen

    Contributor Level 20


    Lawyers agree

    Answered . You are more than "on the verge of breaking up" if he is threatening to sue you.

    It is unlikely he will sue given the facts you have stated. However, there is nothing you can do about it right now. Wait to see if he sues and you have your defense lined up.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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