[nm92131]

My ex girlfriend and I lived together for about 3 years. I bought a motorcycle that she wanted as much as I did after about a year together. I had told her that the payment was too high for me to handle, and she offered to put $5000.00 down so we could get it. When I asked her what happens if we split up, she said don't worry about it. So about 2 years later we split and now she says it was a loan. She is not on the paperwork or registration, and the check was a cashiers check from her to the dealer. She is theatening small claims court, even though I offered her half (she declined) since we got into it together. I have made all payments, insurance, maintenance etc since we got the bike.

[JudyKayTee]

Just so I understand this. You bought a motorcycle, which you are keeping. You made all the payments. (Maintenance, etc. do not matter.)

She paid $5,000 toward the bike. She says it was a loan. You say it was a gift.

I believe you owe her $5,000. You have the benefit of her $5,000 in the form of the motorcycle. Will the Court possibly decide that she paid $5,000 for the pleasure of riding on the bike, behind you?

Will a Court believe that she said "Don't worry about it" and, if that's what she said, that she was addressing the $5,000, possession of the bike or something else. I find it very odd that you lived together for a year and had a "what if we break up discussion" but I suppose it can happen.

My take on this? You owe her $5,000. I wouldn't take half either.

Do you realize how "small" this question makes you sound?

At any rate - what make and model motorcycle, what was the purchase price, what is it worth today?

[Fr_Chuck]

Who is the motorcycle titled to, is she on the title? If so she owns 1/2 of the motorcycle.

Which is it, to be honest it is hard to tell, Those fuzzy lines, if she knew you were going to break up, most likely a loan, she was not clear so it will be up to a small claims judge to hear both stories and decide.

My vote is gift but then I am not a judge

[nm92131]

It was a Victory, worth about $15,000 at the time. Now maybe $8000.00 or so. The problem I have is that this was never an issue until AFTER we split up. She was well aware that I wouldn't have been able to afford the higher payment at the time, and still can't afford it now (if I have to add what I may be paying her back for it in). Yes, she was talking about the money, since I asked her if she was sure she wanted to do it. She did not want a contract or want to be on the paperwork... "small" or not, how about the fact for 2 years not a word was ever said about repayment or laons until we split up? Thanks

[nm92131]

Chuck,

I still owe on the bike, but she will not be on the title.

[nm92131]

Judy,

I paid 15,000.00 for it. Retail KBB says 10,500. I owe $3500.00 still. I am not saying I may not owe all or some of it to her. She actually did say " I will give you $5000.00". I see what you are saying though.

[HorrorQueen]

You couldn't afford it without her, so she gave you $5,000 to enable you to get the bike. Sounds like a loan to me; if you'd stayed together your joint earnings would probably have paid her back for it, therefore she wouldn't ask for it back all in one go, but as you have split up she wants her money back. She has no use of the motorcycle and it seems more than fair for her to want her money back, it's a relatively large sum and she is getting no benefit whatsoever out of it, whereas you are.

I wouldn't accept half either, what makes you think she would?

As I see things, you owe her $5,000 but she should be reasonable and not expect it all back in one payment.

[JudyKayTee]

Judy,

I payed 15,000.00 for it. Retail KBB says 10,500. I owe $3500.00 still. I am not saying I may not owe all or some of it to her. She actually did say " I will give you $5000.00". I see what you are saying though.

I spend too much time listening to testimony In the beginning the version was, according to you "... and she offered to put $5000.00 down so we could get it. When I asked her what happens if we split up, she said don't worry about it."

Now that you are aware of the pitfalls she ACTUALLY said, "I will give you $5,000."

Why would she tell you not to worry about a gift? When she gave your Christmas gifts did you say, "What happens if we break up?" and she said, "Don't worry about it" OR did she say, "It's a Christmas gift. What are you talking about?"

Conflicting statements like that are going to kill you in Court.

I'm working on (1) buying a Victory AND (2) paying $15,000 for it new two years ago.

(I also ride a motorcycle so I know a little bit about them.)

[AK lawyer]

Look at your own words:

... she offered to put $5000.00 down so we could get it. ...

Notice that you did not say "... so I could get it.. . ". She has an interest in the bike. Recognize that.