Quote:
Originally Posted by nskura
...now they are threatening civil lawsuit, original gift plus reasonable interest and her commission. What are my rights? There was never any agreement to pay anything back, although I would like to everyone walk away happy
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Sadly, it's going to be very difficult for eveyone to walk away happy. That's an ideal notion, but not really practical, especially if you have to involve the courts.
Obviously, you know the culture of this relationship better than anyone, but does your good intent to have everyone walk away happy include you getting screwed? If indeed the original $50K was clearly intended as a gift by them, why would you settle for something so unreasonable? They want her commission that she waived? And interest? That's ridiculous!! Maybe you should ask for notional labour on cutting the grass and painting the bathroom.
Tell her that, in the interests of keeping the peace, that you are prepared to give back (insert your % here) of the gifted $50K, but forget the the commission and interest, IF this stays out of the courts. But that offer is retracted the SECOND she starts legal proceedings as you will need the money she gave you (and now wants to take back) to defend yourself from their unreasonable demands.
You will need a lawyer to represent you in a negotiated separation agreement. If indeed you can be amicable, it shouldn't cost each of you more than a few thousand. Further inform her that if she chooses to engage a lawyer that goes after you in a non-amicable way without starting a court application, that the offer is also off the table due to the extra legal fees over and above a few thousand that her unreasonable demands caused both of you.