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?
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.
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10 lawyers agree
Construction / Development Lawyer
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.
7 lawyers agree
Employment / Labor Attorney
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.
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6 lawyers agree