1
00:00:00,066 --> 00:00:02,200
You two were living together
at the time,

2
00:00:02,266 --> 00:00:04,266
-and your mother makes a gift…
-To me.

3
00:00:05,500 --> 00:00:07,700
a lawnmower and a snowblower.

4
00:00:07,767 --> 00:00:10,433
It was towards us
since we bought the home together.

5
00:00:10,500 --> 00:00:11,734
That's not how it works.

6
00:00:11,800 --> 00:00:15,734
Yeah, we were very mutual
with how we split things up.

7
00:00:15,800 --> 00:00:17,967
-Are you lying to me?
-No.

8
00:00:18,033 --> 00:00:20,500
-Are you lying to us? Come on.
-[scoffs]

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00:00:20,567 --> 00:00:22,967
[narrator]
Now, on Tribunal Justice…

10
00:00:23,033 --> 00:00:24,567
[opening theme plays]

11
00:00:44,800 --> 00:00:47,567
[narrator] Today's case
was filed in Bemidji, Minnesota.

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00:00:48,700 --> 00:00:52,533
Your Honor, this is Case #3003,
Lindgren vs. Tollefson.

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00:00:52,600 --> 00:00:54,433
-Thank you, Cassandra.
-You're welcome.

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00:00:54,500 --> 00:00:56,700
All parties have been sworn in.
You may be seated.

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00:00:56,767 --> 00:00:59,000
-[DiMango] Tollefson and Lindgren.
-Yes.

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00:00:59,066 --> 00:01:02,233
You're ex-fiancés.
You were together for three years.

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00:01:02,300 --> 00:01:06,834
You even bought a home together,
including a lawnmower and a snowblower.

18
00:01:06,900 --> 00:01:07,934
Yes.

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00:01:08,000 --> 00:01:11,033
You say that when you split up,
she bought you out of the house

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00:01:11,100 --> 00:01:14,633
and also wanted to purchase
the lawnmower and the snowblower,

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00:01:14,700 --> 00:01:18,400
and you had agreed on a price
of $2,400.

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00:01:18,467 --> 00:01:21,333
She has paid you,
for the most part, $1,000.

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00:01:21,400 --> 00:01:24,066
And in addition to that,
during the course of your relationship,

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00:01:24,133 --> 00:01:27,367
you lent her $3,000
to help her out with family needs.

25
00:01:27,433 --> 00:01:31,567
You say she owes you $4,464 in total.

26
00:01:31,633 --> 00:01:36,200
You say you initially agreed to pay
the $2,400 that he was asking you for,

27
00:01:36,265 --> 00:01:40,866
but you had made payments
of $800 plus $1,000.

28
00:01:40,934 --> 00:01:44,166
Then you realized,
you just gave him $25,000 for the house,

29
00:01:44,233 --> 00:01:47,633
you weren't gonna pay any more,
and you owe nothing at this point.

30
00:01:47,700 --> 00:01:51,233
So, first of all, the lawnmower,
brand new, 'cause you bought it new.

31
00:01:51,300 --> 00:01:52,300
-Right?
-Yes.

32
00:01:52,366 --> 00:01:55,133
The Cub Cadet Zero lawnmower.
Cost you how much, sir?

33
00:01:55,200 --> 00:01:56,900
Uh, $3,300.

34
00:01:56,967 --> 00:01:58,900
Thirty-three hundred dollars.
You agree?

35
00:01:58,967 --> 00:02:03,500
Your mom and you went to
the hardware store to make the purchase.

36
00:02:03,567 --> 00:02:05,166
-Did you go as well?
-No.

37
00:02:05,233 --> 00:02:08,633
Okay. You and your mom went,
and she said to you what

38
00:02:08,699 --> 00:02:11,233
when she gave you $1,700?
What did she say?

39
00:02:11,300 --> 00:02:13,100
She said it was
for a housewarming gift for me.

40
00:02:13,166 --> 00:02:14,333
-[DiMango] To who?
-To me.

41
00:02:14,400 --> 00:02:16,934
It was towards us
since we bought the home together.

42
00:02:17,000 --> 00:02:20,734
You see, and that's an issue
I have here.

43
00:02:20,800 --> 00:02:25,867
Because if she gives you the $1,700
as a gift to you only,

44
00:02:25,934 --> 00:02:30,000
and you pay that, plus the $1,500 balance,

45
00:02:30,066 --> 00:02:32,266
-then you've paid for the whole thing.
-Right.

46
00:02:32,333 --> 00:02:34,200
If she gave it to both of you,

47
00:02:34,266 --> 00:02:38,400
then you're entitled to a credit
for half of that, which would be $850,

48
00:02:38,466 --> 00:02:41,000
your share when you divide this in half.

49
00:02:41,066 --> 00:02:44,000
So, did she give you
any other housewarming gifts?

50
00:02:44,066 --> 00:02:46,633
Not that I can recollect
off the top of my head, no.

51
00:02:46,700 --> 00:02:49,200
And how did she give you that $1,700?

52
00:02:49,266 --> 00:02:51,734
I had a credit card that I was
an authorized signature on.

53
00:02:51,800 --> 00:02:54,066
[DiMango] And she said,
just use my credit card?

54
00:02:54,133 --> 00:02:55,166
Yes, that's correct.

55
00:02:55,233 --> 00:02:58,100
Did she have a conversation with you
after the purchase?

56
00:02:58,166 --> 00:02:59,166
She did not, no.

57
00:02:59,233 --> 00:03:01,233
Okay. But then you go,
some months later

58
00:03:01,300 --> 00:03:03,767
and you buy the same make and model,
what is that…

59
00:03:03,834 --> 00:03:05,834
-Cub Cadet.
-[DiMango] Cub Cadet, um…

60
00:03:05,900 --> 00:03:06,967
Snowblower.

61
00:03:07,033 --> 00:03:09,567
[DiMango] We have
some photographs of them. They're lovely.

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00:03:10,767 --> 00:03:14,867
That's the lawnmower,
and its matching sibling the snowblower,

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00:03:14,934 --> 00:03:16,300
all in bright yellow.

64
00:03:16,367 --> 00:03:20,000
Now, you agreed to pay half
of both the lawnmower

65
00:03:20,066 --> 00:03:23,066
and the snowblower
at the time of purchase.

66
00:03:23,133 --> 00:03:26,734
Yeah. We were very mutual
with how we split things up.

67
00:03:26,800 --> 00:03:29,500
And it seemed like we were
pretty even with things.

68
00:03:29,567 --> 00:03:34,734
I did give him $1,000 through PayPal
to help go towards the lawnmower.

69
00:03:34,800 --> 00:03:39,466
So, you would owe him $1,617
for half of the price of that lawnmower,

70
00:03:39,533 --> 00:03:41,466
-assuming that you paid for all of it…
-Yes.

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00:03:41,533 --> 00:03:43,600
-…the balance and the gift from your mom.
-Yes.

72
00:03:43,667 --> 00:03:46,500
If that's the case,
I did see evidence in the papers

73
00:03:46,567 --> 00:03:48,466
that she gave you $1,000 the next day.

74
00:03:48,533 --> 00:03:50,734
Why did you not admit to that $1,000?

75
00:03:50,800 --> 00:03:53,033
I don't have that, or that…

76
00:03:53,100 --> 00:03:57,066
You didn't see $1,000 deposited to your,
what was it, a PayPal account?

77
00:03:57,133 --> 00:03:59,266
-Correct.
-[DiMango] Do we have evidence of that

78
00:03:59,333 --> 00:04:02,667
-here on this document?
-Yes, on Exhibit Two.

79
00:04:02,734 --> 00:04:04,600
A PayPal transaction.

80
00:04:04,667 --> 00:04:08,567
Payment to Adam Lindgren.
And this was July 28th,

81
00:04:08,633 --> 00:04:12,367
the day after the purchase
of the lawnmower, for $1,000.

82
00:04:12,433 --> 00:04:13,900
Cassandra? Thank you.

83
00:04:13,967 --> 00:04:15,767
Does it say for the lawnmower?
I mean…

84
00:04:15,834 --> 00:04:18,033
No, it doesn't.
It doesn't tell a life story.

85
00:04:18,100 --> 00:04:19,899
It just tells it went to you.

86
00:04:19,966 --> 00:04:23,800
Now, do you admit that
she made four $200 payments to you?

87
00:04:23,867 --> 00:04:25,266
-Yes, I do.
-[DiMango] Okay.

88
00:04:25,332 --> 00:04:28,066
-So, we have $1,800 of payments.
-Mm-hmm.

89
00:04:28,133 --> 00:04:30,934
Then you, at some point, decide
you want to buy him out of the house.

90
00:04:31,000 --> 00:04:32,667
-Is that correct?
-Correct.

91
00:04:32,734 --> 00:04:34,933
[DiMango]
You do a quit claim deed or something,

92
00:04:35,000 --> 00:04:36,867
and you do a $25,000 exchange on that?

93
00:04:36,933 --> 00:04:37,967
-Correct.
-[DiMango] Correct?

94
00:04:38,033 --> 00:04:39,100
It was a refinance…

95
00:04:39,166 --> 00:04:41,467
-[DiMango] Just a refinance?
-Yes, yeah.

96
00:04:41,533 --> 00:04:45,332
Why didn't you clear this issue up
at the time of that money exchange?

97
00:04:45,400 --> 00:04:49,033
So, um, on the settlement,
it does say on there

98
00:04:49,100 --> 00:04:52,900
that it clears anything
that deals with the property.

99
00:04:52,967 --> 00:04:56,000
So, from that,
I stopped making payments. So, I…

100
00:04:56,066 --> 00:04:58,700
I don't think that's what they mean
when they say that.

101
00:04:58,767 --> 00:05:01,367
When they say the property,
they mean the land and the house.

102
00:05:01,433 --> 00:05:03,433
I don't think they mean your coffee pot.

103
00:05:03,500 --> 00:05:04,800
Sure, sure.

104
00:05:04,867 --> 00:05:07,800
I'm gonna put these numbers aside
for a second

105
00:05:07,867 --> 00:05:10,467
because I do want to talk
about the $3,000,

106
00:05:10,533 --> 00:05:12,200
because that's another issue.

107
00:05:12,266 --> 00:05:15,400
Your position is that you had
to lay out money for a family member.

108
00:05:15,467 --> 00:05:16,500
Is that correct?

109
00:05:16,567 --> 00:05:19,133
Where did you get that from
if she doesn't know about it?

110
00:05:19,200 --> 00:05:21,700
We just had a conversation
and as far as I know,

111
00:05:21,767 --> 00:05:25,233
her family member had legal issues.
But I did find out that it was for bail.

112
00:05:25,300 --> 00:05:26,900
-[DiMango] Is that true?
-No.

113
00:05:26,967 --> 00:05:29,433
[DiMango] You never laid out any money
for any family member?

114
00:05:29,500 --> 00:05:31,767
-No.
-So, your version of this $3,000 was

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00:05:31,834 --> 00:05:33,834
you wanted to help her out
'cause you knew

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00:05:33,900 --> 00:05:35,734
she gave all this money over
to a family member.

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00:05:35,800 --> 00:05:38,100
The why, 'cause it was like $10,000
in credit cards.

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00:05:38,166 --> 00:05:41,000
So, instead of racking up interest,
I figured I'd give her…

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00:05:41,066 --> 00:05:43,066
[DiMango]
You had a $10,000 credit card debt?

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00:05:45,000 --> 00:05:47,332
[narrator]
Coming up on Tribunal Justice…

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00:05:47,400 --> 00:05:51,100
You weren't gonna take the money from her
and give it back to your mom, were you?

122
00:05:55,133 --> 00:05:59,100
[narrator] Adam Lindgren
is suing ex-fiancée Elizabeth Tollefson

123
00:05:59,166 --> 00:06:04,200
for over $4,400 which includes a loan
and half the cost of yard equipment.

124
00:06:04,266 --> 00:06:06,867
Elizabeth says she already paid her ex

125
00:06:06,934 --> 00:06:11,900
and he's trying to claim a cash gift
they got from his mother all for himself.

126
00:06:11,967 --> 00:06:14,033
You had a $10,000 credit card debt?

127
00:06:14,100 --> 00:06:18,700
I used that mostly for the big purchases
that we would get for a home.

128
00:06:18,767 --> 00:06:22,767
Is it true that your fiancée was paying
for certain items

129
00:06:22,834 --> 00:06:24,734
for the house on her credit card?

130
00:06:24,800 --> 00:06:27,834
Things you'd want to share payment with
if you were to still be together.

131
00:06:27,900 --> 00:06:29,233
I would say certain things, yes.

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00:06:29,300 --> 00:06:31,667
[DiMango] You would.
So, when you gave her that $3,000,

133
00:06:31,734 --> 00:06:35,332
you kinda knew that it was gonna
go towards mutual expenses.

134
00:06:35,400 --> 00:06:37,166
No, that's not why I gave that to her.

135
00:06:37,233 --> 00:06:39,066
As far as I know,
it was just for that family member.

136
00:06:39,133 --> 00:06:42,433
You still think it's the family…
Are you lying to me?

137
00:06:42,500 --> 00:06:45,967
Why would he come up
with this crazy notion if it's not true?

138
00:06:46,033 --> 00:06:49,200
He doesn't strike me as somebody
who would make up a crazy story like that.

139
00:06:49,266 --> 00:06:50,734
-Would he?
-No.

140
00:06:50,800 --> 00:06:53,266
-[DiMango] Where did you hear it from?
-From her directly.

141
00:06:53,332 --> 00:06:56,033
-So, are you lying to us? Come on.
-[Elizabeth laughs]

142
00:06:56,100 --> 00:06:59,100
I honestly did forget
that I did help my…

143
00:06:59,166 --> 00:07:01,533
Ah, glad we could shake up your memory.

144
00:07:01,600 --> 00:07:03,734
So, you helped somebody for $10,000.

145
00:07:03,800 --> 00:07:06,433
He felt you were strapped
on your credit card,

146
00:07:06,500 --> 00:07:10,400
and he is calling this a loan,
not a gift, to pay off the credit card.

147
00:07:10,467 --> 00:07:13,266
Did you care what she did with the money?
Or it was just to help her out?

148
00:07:13,333 --> 00:07:16,066
Yes, because it was for
what it was specified for.

149
00:07:16,133 --> 00:07:17,934
I wasn't just doing it willy-nilly.

150
00:07:18,000 --> 00:07:21,567
So, if you thought that she couldn't pay
you, why would you make a loan to her?

151
00:07:21,633 --> 00:07:24,233
Well, the family member was
gonna pay her back

152
00:07:24,300 --> 00:07:26,700
-when they got their taxes.
-Is that what you told him?

153
00:07:26,767 --> 00:07:27,800
Honestly?

154
00:07:27,867 --> 00:07:30,066
My family member did pay me back.

155
00:07:30,133 --> 00:07:32,933
But again, that money was towards him

156
00:07:33,000 --> 00:07:36,200
being the helpful boyfriend
that he made it seem that he was and…

157
00:07:36,266 --> 00:07:38,033
Ooh, that was a dig.

158
00:07:38,100 --> 00:07:39,767
-[Lindgren] Yeah.
-[DiMango] Yeah.

159
00:07:39,834 --> 00:07:41,834
-Judge Levy?
-[Levy] Thank you. Mr. Lindgren,

160
00:07:41,900 --> 00:07:45,467
you just said to Judge DiMango
a moment ago when she said

161
00:07:45,533 --> 00:07:48,200
that that PayPal $1,000 payment to you
from the defendant

162
00:07:48,266 --> 00:07:51,767
the day after the purchase
of the lawnmower…

163
00:07:51,834 --> 00:07:54,200
-Mm-hmm.
-[Levy] …you said, does the PayPal say

164
00:07:54,266 --> 00:07:55,533
-for lawnmower?
-[Lindgren] Right.

165
00:07:55,600 --> 00:07:56,867
[Levy]
Why is that important to you?

166
00:07:56,933 --> 00:07:59,700
I just… 'cause it's not something else.
I just don't know

167
00:07:59,767 --> 00:08:02,500
if that's trailing from something else.
Just wanted to make sure that…

168
00:08:02,567 --> 00:08:03,834
One day prior.

169
00:08:03,900 --> 00:08:06,800
So… All right. I gotcha.

170
00:08:06,867 --> 00:08:09,900
My understanding is that
you can actually put notations

171
00:08:09,967 --> 00:08:12,066
-on what the payments are for.
-[Lindgren] Yes.

172
00:08:12,133 --> 00:08:17,700
And if in fact it was clearly identified
as a payment for lawnmower,

173
00:08:17,767 --> 00:08:19,767
-that would make things easy.
-Yes, yeah.

174
00:08:19,834 --> 00:08:22,967
Where it gets a little more dicey
is when it doesn't say

175
00:08:23,033 --> 00:08:25,000
specifically for lawnmower,

176
00:08:25,066 --> 00:08:27,734
but it does come a day
after the lawnmower is purchased.

177
00:08:27,800 --> 00:08:29,033
Mm, I understand.

178
00:08:29,100 --> 00:08:33,467
And then, we can infer that $1,000 payment
was in fact for that, correct?

179
00:08:33,533 --> 00:08:34,633
Yes.

180
00:08:34,700 --> 00:08:38,332
So, the $3,000
that you gave to the defendant

181
00:08:38,400 --> 00:08:41,165
on October 29th, 2021.

182
00:08:41,232 --> 00:08:43,900
This is your exhibit,
Exhibit number three, page 12.

183
00:08:43,967 --> 00:08:47,367
Using that same logic
that you want to look and see

184
00:08:47,433 --> 00:08:50,633
what you put on the… let's call it memo.

185
00:08:50,700 --> 00:08:54,100
So, if in fact it was a loan,
as you are arguing to us right now,

186
00:08:54,165 --> 00:08:55,300
it would say "loan."

187
00:08:55,367 --> 00:08:59,200
What does it say
when you gave her that $3,000?

188
00:08:59,266 --> 00:09:01,700
-It's on page 12.
-Hey, babe. Love you.

189
00:09:01,767 --> 00:09:03,767
[Levy]
Yeah, hey, babe. Love you.

190
00:09:03,834 --> 00:09:05,433
And then, for friends and family.

191
00:09:05,500 --> 00:09:06,700
[Lindgren]
Yes, yeah.

192
00:09:06,767 --> 00:09:08,967
-Doesn't say anything about a loan.
-Right.

193
00:09:09,033 --> 00:09:12,633
And at no place, either on the PayPal
or on any text message

194
00:09:12,700 --> 00:09:15,967
did you ever use the word "loan."
Would that be fair to say?

195
00:09:16,033 --> 00:09:17,200
Fair, yeah.

196
00:09:17,266 --> 00:09:18,767
[Levy]
I want to talk a moment now

197
00:09:18,834 --> 00:09:21,633
about this money
that was gifted by your mother.

198
00:09:21,700 --> 00:09:24,133
-Again, for the lawnmower?
-Mm-hmm.

199
00:09:24,200 --> 00:09:26,800
[Levy] So, you two
were living together at the time.

200
00:09:26,867 --> 00:09:28,934
[Levy] You were both
on the deed and mortgage.

201
00:09:29,000 --> 00:09:30,967
-Right.
-[Levy] And your mother makes a gift

202
00:09:31,033 --> 00:09:34,533
according to what you said,
it was a housewarming gift.

203
00:09:34,600 --> 00:09:36,200
-Correct?
-Yes. Correct.

204
00:09:36,266 --> 00:09:39,200
So, gifts typically
remain the separate property,

205
00:09:39,266 --> 00:09:43,400
unless you take that gift and
you commingle it with a combined asset.

206
00:09:43,467 --> 00:09:44,734
-Property.
-Right.

207
00:09:44,800 --> 00:09:47,133
Which is kinda what you did
when it's purchased for the home.

208
00:09:47,200 --> 00:09:49,033
-Right.
-[Levy] It loses its separate identity

209
00:09:49,100 --> 00:09:50,533
and it becomes a marital asset.

210
00:09:50,600 --> 00:09:53,600
The problem is,
you agreed to pay the whole thing back

211
00:09:53,667 --> 00:09:56,165
for the money that his mother gifted him.

212
00:09:56,233 --> 00:09:57,633
-Correct?
-Yep.

213
00:09:57,700 --> 00:09:59,900
She agreed. You weren't gonna
take the money from her

214
00:09:59,967 --> 00:10:01,700
and give it back to your mom, were you?

215
00:10:01,767 --> 00:10:04,066
-No.
-[Levy] Keep it in your pocket.

216
00:10:04,133 --> 00:10:06,333
-Your mom didn't want that money back.
-No.

217
00:10:06,400 --> 00:10:09,633
So, would it be fair to say
that by taking that extra money from her,

218
00:10:09,700 --> 00:10:11,300
you were really getting a windfall.

219
00:10:11,367 --> 00:10:12,367
Yes.

220
00:10:12,433 --> 00:10:14,667
That gets us back
to what we're doing here.

221
00:10:14,734 --> 00:10:18,066
You know, you're suing her for $4,464.

222
00:10:18,133 --> 00:10:19,133
Right.

223
00:10:19,200 --> 00:10:24,433
I want to go over for a moment
how much she ended up paying extra

224
00:10:24,500 --> 00:10:26,967
to get your name off the mortgage.

225
00:10:27,033 --> 00:10:28,967
Which was super important to you,
right?

226
00:10:29,033 --> 00:10:31,133
Right. Because I could not
purchase a property

227
00:10:31,200 --> 00:10:32,834
until my name was off that thing.

228
00:10:32,900 --> 00:10:35,066
-Right, 'cause it affects your credit.
-Yes.

229
00:10:36,433 --> 00:10:38,767
[narrator]
Coming up on Tribunal Justice…

230
00:10:38,834 --> 00:10:42,767
So, instead of owning 50% of a property

231
00:10:42,834 --> 00:10:46,300
that's valued at over $300,000,

232
00:10:46,367 --> 00:10:50,900
you now own 100%.
Why should I feel like you got the shaft?

233
00:10:55,834 --> 00:10:59,300
[narrator] Adam Lindgren
is suing ex-fiancée Elizabeth Tollefson

234
00:10:59,367 --> 00:11:03,066
for over $4,400,
half the cost of lawn equipment,

235
00:11:03,133 --> 00:11:05,767
plus bail money loaned
to her family member.

236
00:11:05,834 --> 00:11:08,467
Elizabeth says she's paid
for the equipment,

237
00:11:08,533 --> 00:11:12,300
and the so-called loan
was actually a gift.

238
00:11:12,367 --> 00:11:14,400
So, it was really important for you

239
00:11:14,467 --> 00:11:19,133
to get her to take your name
off of the mortgage obligation

240
00:11:19,200 --> 00:11:21,533
so that it freed you up
to do something else.

241
00:11:21,600 --> 00:11:23,667
-Yes.
-[Levy] How much did that cost her?

242
00:11:23,734 --> 00:11:25,667
-[Lindgren] To refinance?
-[Levy] Mm-hmm.

243
00:11:25,734 --> 00:11:28,066
I'm gonna guess three percent
of the purchase price of the house…

244
00:11:28,133 --> 00:11:29,467
[Levy]
Mm-mm, nope.

245
00:11:29,533 --> 00:11:32,266
The defendant provided us
with a copy of the Settlement Agreement.

246
00:11:32,333 --> 00:11:35,900
That's the $25,000. It does not mention
lawnmowers or snowblowers.

247
00:11:35,967 --> 00:11:40,333
But it does very clearly indicate
that when you purchased the home,

248
00:11:40,400 --> 00:11:42,767
the mortgage was $224,000.

249
00:11:42,834 --> 00:11:45,667
The interest rate, 'cause you got it
at a really good time,

250
00:11:45,734 --> 00:11:48,433
-was 3.375%.
-Yes, yes.

251
00:11:48,500 --> 00:11:50,767
-It's gold. Gold.
-[Lindgren] Yeah.

252
00:11:50,834 --> 00:11:54,700
So, the monthly mortgage was $1,550.

253
00:11:54,767 --> 00:11:59,600
The monthly interest on that mortgage
at 3.375%

254
00:11:59,667 --> 00:12:02,633
was $631 a month.
That's how much the interest was.

255
00:12:02,700 --> 00:12:04,400
-Mm, yeah.
-[Levy] Now you separate

256
00:12:04,467 --> 00:12:06,100
and you want your name off the mortgage.

257
00:12:06,166 --> 00:12:10,700
So, she refinances, and as part of this,
she's giving you $25,000.

258
00:12:10,767 --> 00:12:12,734
-Yes.
-[Levy] What was that for, by the way?

259
00:12:12,800 --> 00:12:15,266
Buying me out…
'cause the house went up in value.

260
00:12:15,333 --> 00:12:20,400
So, the new amount for the refinance
was no longer $224,000,

261
00:12:20,467 --> 00:12:23,333
but with the $25,000 tacked on,
which is what you did,

262
00:12:23,400 --> 00:12:27,667
it now goes to $253,000. Right?
At seven percent interest.

263
00:12:27,734 --> 00:12:31,700
So, your original interest was $631
a month.

264
00:12:31,767 --> 00:12:34,667
The interest payment on $253,000
at seven percent,

265
00:12:34,734 --> 00:12:39,967
$1,477.
That's what she's getting whacked with.

266
00:12:40,033 --> 00:12:42,500
-Which completely jacks up her monthly.
-Yes.

267
00:12:42,567 --> 00:12:46,300
She agrees to pay you her portion
of the gift that your mother gave.

268
00:12:46,367 --> 00:12:49,133
And you're still asking her for $4,400.

269
00:12:49,200 --> 00:12:52,066
Listen, you may have a legal claim,
but it seems to me

270
00:12:52,133 --> 00:12:54,400
that where you stand
based upon the relationship

271
00:12:54,467 --> 00:12:56,867
and the obligation that you have
financially with the house,

272
00:12:56,934 --> 00:12:58,233
you made out like a bandit.

273
00:12:58,300 --> 00:12:59,700
-Thank you. Judge Acker.
-Thank you.

274
00:12:59,767 --> 00:13:01,633
Thank you, Judge.
Who made the down payment?

275
00:13:01,700 --> 00:13:03,734
-[Lindgren] We split it half.
-How much was it?

276
00:13:03,800 --> 00:13:05,867
Sixty-seven hundred, $7,000 about.

277
00:13:05,934 --> 00:13:07,633
[Acker]
About $7,000 or so.

278
00:13:07,700 --> 00:13:11,934
House increases in value.
Do we have the value of the home today?

279
00:13:13,133 --> 00:13:15,500
Thirty-two… Uh, three…

280
00:13:15,567 --> 00:13:17,300
-[Acker] $320,000.
-Yes.

281
00:13:17,367 --> 00:13:21,900
So, instead of owning 50%
of a property

282
00:13:21,967 --> 00:13:25,300
that's valued at over $300,000,

283
00:13:25,367 --> 00:13:29,967
you now own 100%.
Why should I feel like you got the shaft?

284
00:13:30,033 --> 00:13:32,266
-Your payments go up to be sure.
-[Elizabeth] Mm-hmm.

285
00:13:32,333 --> 00:13:35,000
You've gotten rid of him
at quite a discount.

286
00:13:35,066 --> 00:13:40,165
In your answer you said,
I'd already paid the $25,000.

287
00:13:40,233 --> 00:13:43,700
This increased my mortgage
and caused a financial hardship.

288
00:13:43,767 --> 00:13:48,600
After the forced buyout, I no longer felt
it was fair for me to cater to Adam.

289
00:13:48,667 --> 00:13:50,200
How are you catering to him?

290
00:13:50,266 --> 00:13:52,266
He could've said,
I'm gonna go to court,

291
00:13:52,333 --> 00:13:56,033
we're gonna sell this house.
I'm gonna take back my half and your half.

292
00:13:56,100 --> 00:13:59,533
You find some place else to live,
I'm gonna find someplace else to live.

293
00:13:59,600 --> 00:14:02,000
-I mean, I get the increase in payments.
-Mm-hmm.

294
00:14:02,066 --> 00:14:05,000
[Acker] You guys made a deal
to separate the property.

295
00:14:05,066 --> 00:14:08,000
Let me go back for a second
to the help your mother gave you.

296
00:14:08,066 --> 00:14:12,667
Now, you testified that you have
a credit card on your mom's account.

297
00:14:12,734 --> 00:14:14,667
-Yes.
-[Acker] She basically helped support you

298
00:14:14,734 --> 00:14:16,066
-from time to time.
-Yes.

299
00:14:16,133 --> 00:14:20,066
Sounds like his mother is
regularly funneling him some money,

300
00:14:20,133 --> 00:14:22,667
and it could be considered
separate property.

301
00:14:22,734 --> 00:14:23,767
[Elizabeth]
Correct.

302
00:14:23,834 --> 00:14:27,900
So, the lawnmower and snowblower,
they have depreciated in value…

303
00:14:27,967 --> 00:14:32,700
No. I'm more interested in this notion
that you can make a deal for $2,400,

304
00:14:32,767 --> 00:14:35,667
and then say, well,
the property's gone down in value

305
00:14:35,734 --> 00:14:37,934
so I owe you less.
That's not how it works.

306
00:14:38,000 --> 00:14:39,834
I mean, have you ever bought a car?

307
00:14:39,900 --> 00:14:43,133
You buy a car, it's worth X.

308
00:14:43,200 --> 00:14:47,767
The second you drive off the lot,
it's worth much less than X.

309
00:14:47,834 --> 00:14:50,165
-[Elizabeth] Correct.
-You don't get to go to the bank

310
00:14:50,233 --> 00:14:52,500
and say, well, the car is now
worth much less

311
00:14:52,567 --> 00:14:54,633
than it was when I signed this contract,

312
00:14:54,700 --> 00:14:57,100
so I'm only gonna pay you
fair market value.

313
00:14:57,165 --> 00:14:59,867
Like, you don't get to do that.
That's just not how it works.

314
00:14:59,934 --> 00:15:03,100
I anticipated the $1,700 from his mom

315
00:15:03,166 --> 00:15:06,667
to be a gift for us,
for the house in itself.

316
00:15:06,734 --> 00:15:09,233
[Acker]
Maybe it was. Maybe it's not.

317
00:15:09,300 --> 00:15:11,667
But let's assume for a moment
that it's not.

318
00:15:11,734 --> 00:15:15,900
I'm just now interested
in whether or not you're with me

319
00:15:15,967 --> 00:15:19,467
on the problematic nature of your argument

320
00:15:19,533 --> 00:15:22,200
that I only have to pay
what something's worth,

321
00:15:22,266 --> 00:15:25,166
regardless of the price
for which I contracted.

322
00:15:25,233 --> 00:15:28,300
You agree that's problematic.
I have nothing further.

323
00:15:28,367 --> 00:15:31,066
So, unless we have anything else,
we're gonna retire to deliberate.

324
00:15:31,133 --> 00:15:32,400
-Thank you both.
-Thank you.

325
00:15:32,467 --> 00:15:34,800
Court is now in recess.
Parties will be recalled.

326
00:15:42,533 --> 00:15:46,633
Okay. So, she agrees with him at the time
he makes the purchase of the lawnmower

327
00:15:46,700 --> 00:15:48,667
that she's willing to split half with him.

328
00:15:48,734 --> 00:15:51,300
She knows that his mother,
who has been giving him money,

329
00:15:51,367 --> 00:15:54,400
gave him $1,700.
He has her credit card.

330
00:15:54,467 --> 00:15:58,033
So, she never says, don't forget
to credit me with my half of that gift.

331
00:15:58,100 --> 00:16:00,367
She says, I'll pay you half.

332
00:16:00,433 --> 00:16:03,767
Half of that lawnmower,
which was $3,235,

333
00:16:03,834 --> 00:16:06,600
comes out to $1,617.

334
00:16:06,667 --> 00:16:10,400
Obviously, if we say, well, no,
it was a gift to both of you,

335
00:16:10,467 --> 00:16:13,200
she would get back $850 on that $1,600.

336
00:16:13,266 --> 00:16:16,033
But I'm not gonna go to that place.
I think he paid for it in full.

337
00:16:16,100 --> 00:16:20,700
With regard to the snowblower,
that was $1,395.

338
00:16:20,767 --> 00:16:22,967
She would owe half of that, $687.

339
00:16:23,033 --> 00:16:26,166
So, her total to him would be $2,304.

340
00:16:26,233 --> 00:16:31,600
No dispute she gave him $1,000.
No dispute she paid $800 in payments.

341
00:16:31,667 --> 00:16:36,900
So, that $1,800 would be subtracted
from $2,304,

342
00:16:36,967 --> 00:16:41,867
and that would bring her down to $504
that she would owe him on that amount.

343
00:16:41,934 --> 00:16:45,300
As to the $3,000,
I think he gave it to her to help her

344
00:16:45,367 --> 00:16:48,767
with a debt that a family member owed,
and he was expecting repayment.

345
00:16:48,834 --> 00:16:51,033
And that was not a gift to her
to pay off…

346
00:16:51,100 --> 00:16:53,066
Maybe she used it for her credit cards,

347
00:16:53,133 --> 00:16:57,100
but I think that she owes him
the $3,000 on top of that.

348
00:16:57,165 --> 00:16:59,066
So, she would owe him $3,504.

349
00:16:59,133 --> 00:17:04,032
Uh, your analysis
as far as the mother's gift.

350
00:17:04,099 --> 00:17:07,200
I believe that because it was a gift
for the household,

351
00:17:07,266 --> 00:17:09,900
that there would have been
an argument to be made

352
00:17:09,967 --> 00:17:13,532
that it was a separate property
commingled with a joint property.

353
00:17:13,599 --> 00:17:16,200
It loses its separate identity,
and he wouldn't get back

354
00:17:16,266 --> 00:17:18,567
that additional $1,700
that his mother made.

355
00:17:18,633 --> 00:17:20,934
The exception here is where she agrees,

356
00:17:21,000 --> 00:17:24,467
notwithstanding the mother's contribution
for the housewarming gift.

357
00:17:24,532 --> 00:17:27,300
And she knew it. She still
committed herself to the $2,400.

358
00:17:27,367 --> 00:17:29,667
-Mm-hmm.
-That's why I agree with those numbers.

359
00:17:29,734 --> 00:17:33,133
However, that $3,000,
I do not agree with.

360
00:17:33,200 --> 00:17:36,567
The $3,000 when he gave it,
he said it was for friends and family.

361
00:17:36,633 --> 00:17:38,667
At no time did he say it was a loan.

362
00:17:38,734 --> 00:17:41,433
There was no text or communication
between the two

363
00:17:41,500 --> 00:17:43,734
in which it was ever discussed
as a loan.

364
00:17:43,800 --> 00:17:47,367
Instead, we have a text that says,

365
00:17:47,433 --> 00:17:49,533
good morning, gorgeous,
this is the plaintiff.

366
00:17:49,600 --> 00:17:53,934
You spoil me with your care and kindness,
and now I can't start my day without you.

367
00:17:54,000 --> 00:17:56,367
Let's wake up together
always and forever.

368
00:17:56,433 --> 00:17:58,433
She responds heart, heart, heart.

369
00:17:58,500 --> 00:18:00,433
He says, I got money for you.

370
00:18:00,500 --> 00:18:02,867
So, should that be enough for your card?

371
00:18:02,934 --> 00:18:06,266
And she says, yes, what you gave me today
would pay off my card.

372
00:18:06,333 --> 00:18:10,066
There was nothing after that
suggesting that it was a loan.

373
00:18:10,133 --> 00:18:12,333
But she said her card was up to $10,000.

374
00:18:12,400 --> 00:18:14,367
So that was never gonna
pay off her card.

375
00:18:14,433 --> 00:18:16,567
So, I don't know what she was telling him.

376
00:18:16,633 --> 00:18:19,200
I'm just looking at the communications
at the time.

377
00:18:19,266 --> 00:18:21,667
And as you both indicated,

378
00:18:21,734 --> 00:18:24,767
she was paying things on her card
for the household goods.

379
00:18:24,834 --> 00:18:28,333
And he felt it was the same way,
that based upon their living together

380
00:18:28,400 --> 00:18:31,266
that he would provide her with that $3,000

381
00:18:31,333 --> 00:18:33,767
for whatever it was
that she needed that for.

382
00:18:33,834 --> 00:18:36,467
But there was never an indication
that it was a loan.

383
00:18:36,533 --> 00:18:40,133
See, I thought that initially, until you
did that friends and family exclusion.

384
00:18:40,200 --> 00:18:44,400
Because once he did that, I said,
why would he gift her family $3,000?

385
00:18:44,467 --> 00:18:46,266
Unless he expected it back?

386
00:18:46,333 --> 00:18:49,200
I think I agree with Adam
on the $3,000.

387
00:18:49,266 --> 00:18:53,233
One, I did not see any evidence
of his saying,

388
00:18:53,300 --> 00:18:57,166
by the way, where's the $3,000
that I loaned you?

389
00:18:57,233 --> 00:18:59,533
We're very specific about that $2,400.

390
00:18:59,600 --> 00:19:02,500
He was like, the number's $2,400.
She says okay.

391
00:19:02,567 --> 00:19:05,867
You know, there's a lot of correspondence
about what the buyout's going to be.

392
00:19:05,934 --> 00:19:09,367
She was like, this is gonna be,
you know, tough for me.

393
00:19:09,433 --> 00:19:12,767
He was like, you don't get to choose
how I move forward

394
00:19:12,834 --> 00:19:14,233
in terms of where I'm going to live.

395
00:19:14,300 --> 00:19:16,266
I did not see anything where he said,

396
00:19:16,333 --> 00:19:18,633
and plus,
you still owe me for that $3,000.

397
00:19:18,700 --> 00:19:22,300
And then, when I read his complaint,
again, he said,

398
00:19:22,367 --> 00:19:27,767
I sent her $3,000 via PayPal
to help cover her credit card bills.

399
00:19:27,834 --> 00:19:33,367
So, I read that as your family is
kinda putting the squeeze on you.

400
00:19:33,433 --> 00:19:37,100
You've got a bunch of bills,
let me just try to help you keep the nut

401
00:19:37,166 --> 00:19:40,633
until, you know, things settle down
and you get paid back.

402
00:19:40,700 --> 00:19:42,400
That did not feel like a loan to me.

403
00:19:42,467 --> 00:19:45,633
Until her family member
could pay her back. So then…

404
00:19:45,700 --> 00:19:47,633
So then, she doesn't need help
with the bills anymore.

405
00:19:47,700 --> 00:19:49,500
-Right.
-Because then the family's not

406
00:19:49,567 --> 00:19:51,066
putting the squeeze on her.

407
00:19:51,133 --> 00:19:53,066
I'll think about this.
So, right now…

408
00:19:53,133 --> 00:19:55,667
But I'll join you
on the other portion of the verdict.

409
00:19:55,734 --> 00:19:59,333
Otherwise, if I come to my senses,
and follow the two of you…

410
00:19:59,400 --> 00:20:00,533
It's unanimous.

411
00:20:00,600 --> 00:20:02,200
It'll be a unanimous verdict.

412
00:20:02,266 --> 00:20:04,467
If not, you will be dissenting.

413
00:20:04,533 --> 00:20:06,000
I'll be the lone standing.

414
00:20:10,133 --> 00:20:11,533
Court is back in session.

415
00:20:11,600 --> 00:20:14,033
All parties are reminded
that you're still under oath.

416
00:20:14,100 --> 00:20:15,467
-Thank you, Cassandra.
-You're welcome.

417
00:20:15,533 --> 00:20:17,667
What broke the two of you up?
I'll ask you first.

418
00:20:17,734 --> 00:20:21,367
There was a major disagreement
about disciplining her kid.

419
00:20:21,433 --> 00:20:22,867
-[DiMango] Your child?
-Mm-hmm.

420
00:20:22,934 --> 00:20:24,867
[DiMango]
You had different parenting views

421
00:20:24,934 --> 00:20:27,033
-and it was easier to be separate.
-Very much so, yeah.

422
00:20:27,100 --> 00:20:29,667
Okay. I mean, obviously,
you don't seem to have the tension

423
00:20:29,734 --> 00:20:32,400
between the two of you
that we often see.

424
00:20:32,467 --> 00:20:35,300
So, I'm just curious.
So, we looked at this very carefully,

425
00:20:35,367 --> 00:20:39,367
and we are a unanimous bench
being as follows:

426
00:20:39,433 --> 00:20:44,100
You would be entitled to $504
from the defendant.

427
00:20:44,166 --> 00:20:48,133
And the reason why is
because we credited you

428
00:20:48,200 --> 00:20:51,567
with making a full purchase
of the lawnmower.

429
00:20:51,633 --> 00:20:53,500
So, you laid out the full amount,

430
00:20:53,567 --> 00:20:56,600
which would mean that her half would be
about $1,600.

431
00:20:56,667 --> 00:21:00,266
We also credited you
with paying in full for the snowblower.

432
00:21:00,333 --> 00:21:03,533
Her half of that would be about $850.

433
00:21:03,600 --> 00:21:07,200
From that, we subtracted the $1,800
that we believe she gave you,

434
00:21:07,266 --> 00:21:10,200
and that brought us down to the $504.

435
00:21:10,266 --> 00:21:14,533
However, with regard to the $3,000,
we had a little bit of a back and forth.

436
00:21:14,600 --> 00:21:17,133
I was kind of swayed by my colleagues

437
00:21:17,200 --> 00:21:20,767
because I first thought
that perhaps that $3,000

438
00:21:20,834 --> 00:21:24,266
was a loan that you had given her
to give to her family.

439
00:21:24,333 --> 00:21:26,333
And I thought,
why would you give them a gift?

440
00:21:26,400 --> 00:21:30,834
But it seemed clear that you gave her
that $3,000 as a gift.

441
00:21:30,900 --> 00:21:34,033
You gave her that because at the time
you still cared about her,

442
00:21:34,100 --> 00:21:38,033
and you wanted her to be able to pay off
as much as she could on her credit cards.

443
00:21:38,100 --> 00:21:40,667
And then, when her family
didn't need the help anymore,

444
00:21:40,734 --> 00:21:43,400
she'd be able to pick up her own tab
and move on.

445
00:21:43,467 --> 00:21:46,667
That's the way we saw it.
We credited your testimony

446
00:21:46,734 --> 00:21:49,433
that you were not expected
to repay him that money.

447
00:21:49,500 --> 00:21:53,600
And we are giving you $504.
That's the unanimous verdict of the court.

448
00:21:53,667 --> 00:21:55,533
And it seems a little sad
that the two of you

449
00:21:55,600 --> 00:21:57,600
couldn't stay together and work this out.

450
00:21:57,667 --> 00:21:59,834
-But that's the verdict of the court.
-[gavel bangs]

451
00:21:59,900 --> 00:22:01,500
-[Elizabeth] Thank you.
-This case has concluded.

452
00:22:01,567 --> 00:22:02,767
All parties are dismissed.

453
00:22:07,934 --> 00:22:10,867
This stuff is very petty, I feel like.

454
00:22:10,934 --> 00:22:13,433
I tried to reach out,
and she just never reached back.

455
00:22:13,500 --> 00:22:17,767
I was very excited when told a reason
not to speak to him anymore, so...

456
00:22:17,834 --> 00:22:19,934
Her not responding
apparently was an answer to me.

457
00:22:20,000 --> 00:22:22,266
I'm ready to live my happy little life.

458
00:22:22,333 --> 00:22:24,467
I'm happy this is over.
It's been a long time coming.

459
00:22:24,533 --> 00:22:26,734
[narrator]
Did someone break an agreement?

460
00:22:26,800 --> 00:22:30,000
Let Tribunal Justice decide your case.

461
00:22:30,066 --> 00:22:32,467
Find us on social media.

462
00:22:35,400 --> 00:22:38,333
[closing theme plays]