Q: Repaying a gifted down payment for a house.
I purchased a home in July of 2021 in the state of Texas. My now ex-fiance gifted me 7750 to put down. She has kept 12k worth of rings I purchased for her stating they are a gift. I told her if she will give me the rings back I will give her 11k dollars. She wants to keep the rings and me give her 7750 back for the down payment. I have a signed gift letter sent to me from her email that says it was an outright gift that does not have to be repaid. I also have paid the mortgage and all bills since I purchased the house,and haven't lived there since December 1st of last year. She is refusing to move out without giving her the 7750 which I am unwilling to do. Is she entitled to the 7750? I will add that we split up before we were married and her name is nowhere on the loan for the house or any county or state documents. The house is solely in my name.
A:
First, be aware that the wholesale value of a diamond ring that costs $12,000 is probably in the range of $2,000 to $3,000 and almost certainly less than $7750 even if they are unworn rings from Tiffany in the original packaging. The appraised value certificate they give you for insurance purposes is nonsense. From a financial point of view, you're probably way better off keeping your 11k and letting her keep the rings. Do an internet search on "Have you ever tried to sell a diamond" for a real eye-opener.
Second, you could go down to the Justice of the Peace Court for the precinct of the home address and file for eviction. Many of the JP Courts have self-help information to guide you through the eviction process or, if you live in or near a big city, you could hire an attorney who practices in the area of Landlord/Tenant law. If you have doubts about her keeping her agreements then you might find yourself in a situation where she agrees to leave and then doesn't... then you'll just have to evict her anyway. Might as well get the ball rolling so you at least know the timelines and process.
Finally, try to resist the urge to go over to your house anyway and host loud parties until 3 am with kegs of beer and a live band. The idea of moving yourself in and causing such a nuisance that she voluntarily leaves may seem satisfying, but it will almost certainly lead to a fight. Then she will call the cops and accuse you of assaulting her. Then there will be a no-contact and keep-away order from the judge that prevents you from going to the house and threatens you will jail time if you violate it. So just avoid all that and don't give her any leverage.
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