Can I Sue my Ex-Boyfriend for Unwritten Loans? (2024)

Legal TopicsLiving Together

Am I legally entitled to any housing compensation or money for the loan, even though there was no written contract for either one?

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Question

My live-in boyfriend of two years walked out on me. While we lived together, he paid me minimal housing expenses, but nothing like half. Also, I loaned him money and he's only paid back $100 of a few thousand. Am I legally entitled to any housing compensation or money for the loan, even though there was no written contract for either one?

Answer

Unless you have a provable agreement, which usually means a written one, you have no right to get back past living expenses.

But you definitely do have a right to be repaid that loan. First, figure out how much he still owes you. Second, ask him in writing to pay you back. Third, if he refuses to pay, think about how you can prove that you made the loan -- for example, you may have a canceled check or a witness who heard the two of you talk about it. Fourth, assuming you have at least some proof, sue in small claims court. For help in preparing and presenting your case, see Everybody's Guide to Small Claims Court (Nolo).

Further Reading

When Unmarried Couples Move Into An Apartment or Rental Home TogetherUpdated January 11, 2012
6 Things to Do Before Breaking Up With Someone You Live WithUpdated October 13, 2022
Parenting for Unmarried Couples FAQUpdated November 20, 2018

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Can I Sue my Ex-Boyfriend for Unwritten Loans? (2024)

FAQs

Can I Sue my Ex-Boyfriend for Unwritten Loans? ›

Answer. Unless you have a provable agreement, which usually means a written one, you have no right to get back past living expenses. But you definitely do have a right to be repaid that loan.

Can I sue an ex boyfriend for money owed? ›

If he has agreed that he owes you, made a payment plan, but has not followed up on the payment, unfortunately, you have to file lawsuit against him to force him to pay. You need to go to the Court's website to look for civil complaint forms.

Can I sue my ex for leaving me in debt? ›

Creditors have the right to continue their collection efforts since the original agreement included you as a borrower; they don't have to abide by divorce decrees. However, a divorce decree does empower each party to sue their ex if they don't pay a debt assigned to them.

Can you sue your ex boyfriend? ›

Some common scenarios where someone might be able to sue their ex for emotional damage include cases involving domestic violence or abuse, infidelity or betrayal within the relationship, intentional infliction of emotional distress, or harassment/stalking behavior.

What if my ex boyfriend refuses to pay me back? ›

You can certainly begin by demanding that your ex pay you back for the money that you loaned him. If he does not respond or does not agree then you can sue him. You would have to sue in state court due to the amount that is owed back to you.

Can I sue my boyfriend for emotional distress? ›

In almost all states, the answer to this question is no. The only way to successfully sue for negligent infliction of emotional distress is if the plaintiff can show that the mental stress directly caused some type of physical reaction.

Can I sue my ex for false allegations? ›

If the false accusations damage your reputation, you may be able to sue for defamation. A tort lawyer can help you to determine what type of claim will give you the best chance of recovering compensation for losses you endured.

Can I be held responsible for my ex husband's debt? ›

Generally, after a divorce is final, the only party responsible for a debt is the party who incurred that debt unless it was used for joint property. For more help with figuring out divorce and debt, consider working with a financial advisor.

Can my ex use my mental health against me? ›

Depends on the facts. The court could order you to turn over your medicals but the other party cannot. Only a court order could put this front and center. They'd have to allege you are unsafe and it is due to the mental illness.

Can you sue your ex for manipulation? ›

Yes, but it depends on the circ*mstances. You should also keep in mind that intentional infliction of emotional distress (IIED) has very specific elements and is one of the most difficult tort claims to win.

What is the most you can sue for emotional distress? ›

There are no caps on compensatory damages for physical or mental/emotional injuries in our state. So, there's no limit, in theory, of how much you could receive; the total amount you'll get depends on the circ*mstances of your case and the seriousness of your injuries.

Can you sue an ex for financial hardship? ›

To successfully sue your ex-spouse for financial abuse, you would generally need to prove the following elements: Intentional Abusive Conduct: Intentionally engaging in behavior that unreasonably deprived you of economic resources or made you financially dependent on them.

Can I sue my ex for not paying me back? ›

You can take the issue to small claims court and pursue legal action if it falls between the minimum and maximum money thresholds under court rules. You may want to get legal advice from an attorney with experience in collections matters. They may be able to help you decide if you have a civil case worth pursuing.

What to do if someone never pays you back? ›

At the end of the day, you can never be too prepared to minimize the risk of not getting your money back from a loved one.
  1. Be direct. ...
  2. Don't let too much time pass. ...
  3. Be as professional as possible with the process. ...
  4. Craft a specific payment plan. ...
  5. Forgive the outstanding debt.
Feb 27, 2024

How do I ask for money back from an ex? ›

Often the first step in this process is writing a formal letter to give notice of the debt owed. This letter needs to clearly state the amount owed, what it is owed for, the payment method and when the payment is required.

How can I get my money back from my ex-boyfriend? ›

Take him to small claims court. Good luck. You better have something in writing or the judge just might dismiss it. My ex-boyfriend is asking me for the money he has spent on me when we were together.

Can ex girlfriend sue me for money? ›

Yes, again, she could file a lawsuit; however, she must prove to the Court that you are actually legally obligated to repay her the amounts that she is using for.

Can my ex sue me for money after divorce? ›

Once the divorce is final and signed by the judge, your ex-wife cannot go back and sue you for a share of the equity in the house, if she did not receive one half of the equity in the house at the time of the divorce. Property settlement are final, unless one party committed fraud on the other other side.

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