Repayment of loan after divorce

[wonderwoman94]

What is the name of your state (only U.S. law)? NH
Hi there, i am new to this site and to divorce. My husband and I after 5 years have respectfully and mutually agreed to disagree.
We have been married in community of property and decided upon which things we shall each keep to avoid an ugly battle in court.
Each of us has agreed that the separate credi tcard debts we have incurred in our separate names during the marriage we shall each be individually responisble for.
My question concerns the amount of money my mother had loan us during our marriage. She loan us $3000. We agreed at the time of receiving it that we would pay her back $1500 each (exactly half ). It has since been over a year since this verbal agreement was made and only I hvae kept my word. My husband still has not repaid my mother. As we are now getting divorced isthere any way of ensuring my mother gets her money back other than our verbal agreement? how do i go about it? and what form do i use? any help would be appreciated. thanks!

[Tayla]

Each individual would have had to sign a promissory note for their portion in order to take this to court and maybe win in court.

Oral contracts are difficult to prove in a court of law.

You can broach the subject with your ex and ask if he would set up a payment to repay his former in law. He is not at liberty to make good on this loan if no written document was in place.

[LdiJ]

Originally Posted by Tayla

Each individual would have had to sign a promissory note for their portion in order to take this to court and maybe win in court.

Oral contracts are difficult to prove in a court of law.

You can broach the subject with your ex and ask if he would set up a payment to repay his former in law. He is not at liberty to make good on this loan if no written document was in place.

He IS at liberty to make good on the loan (free to do so if he chooses, which is what "at liberty" means) he may however, not be required to pay off the loan.

[Tayla]

Thanks LdiJ for correcting that. Its good to have other post members catch such mix ups

[wonderwoman94]

Thank you both for your advice. I feel somewhat stupid as i know if this is the case my mom will never see the money. I stupidly had no promissory note. or can i draw up one now? is it too late to have him sign?
thanks!

[Ohiogal]

it is a marital debt. Hence you could pay your mother back. You could not write up a promissory note for your husband to pay your mother back -- it is not on you to get this money back for your mother. SHE can always attempt to sue you and your husband.