I paid for my ex fiances "Failure to Blow ticket" $900 and now she won't pay me back saying it was a gift? Was it?

Asked over 1 year ago - Portland, OR

We discussed we had to get our debts paid prior to marriage. I paid for her ticket and told her it was so she could drive. It was in the best interest of the engagement. She broke off the engagement right as she got her license back. She asserts that it was a gift. I assert it was in good faith since we were engaged to be married. She did the crime why should I have to pay for it if she no longer wants a life with me? I am going to small claims next week. Can I win this argument? Thanks for the advice or help.

Attorney answers (3)

  1. Joanne Reisman

    Contributor Level 16

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The ticket was her responsibility. Unless she can prove that you meant to pay it as a gift, which it doesn't sound like it was 100% intended as a gift, I think you might have a good argument to get paid back. It's like anything else in a relationship, both sides of the couple work toward the mutual benefit of the couple as a unit - but if one decides to leave, they may be unjustly enriched if they are allowed to take advantage of the relationship and keep all the benefits they got. You have a chance but the judge is going to have to listen to both of you and decide if this was intended as a gift. I would tell the judge that your intent was to help her get her license back so that you and her a as couple would benefit from this and now you are being deprived of the benefit of your bargain and she is being unjustly enriched if she can just keep the benefits and not pay you back. Try that argument.

    On the non-legal side - this women may have some more serious issues, and paying her $900 dollar ticket and getting out of this relationship may be a very small price to pay to "dodge" what looks like a lot of problems. Maybe you should just cut your losses and be glad it didn't continue. http://www.portlandlegalservices.com

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more
  2. Kevin Coluccio

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is hard to say. If you told her, at the time, you would take care of it, she may have a valid argument. These are difficult situations and the court may just throw up its hands.

  3. James M. Osak

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Take her to small claims and
    the judge will decide for the
    BOTH of you.

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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