Money borrowed by my husband

[simmonsa]

What is the name of your state (only U.S. law)? FL

We have been married for the last twenty years. Several years ago, after our marriage, my husband borrowed a huge sum of money from me, which I earned on my own and/or borrowed from my friends and relatives. Based on my request, my husband recently submitted an affidavit confirming this borrowing. Although still we are legally married, we have bumpy relationship. I want my money back but my husband is not paying it. What legal choices I have to get back my money while we are in legally married status? I need that money for the welfare of our children.

 

[FlyingRon]

You seem to not understand what a marriage is. If you earned the money while you were married, it is MARITAL PROPERTY not "your own." You're on pretty rocky ground given the Florida case law to demand anything from your husband now. Even money that comes from your non-marital property that is given/loaned/pledged as collateral/etc... likely gets sucked into being a marital asset in the process.

 

[Zigner]

What is the name of your state (only U.S. law)? FL

We have been married for the last twenty years. Several years ago, after our marriage, my husband borrowed a huge sum of money from me, which I earned on my own and/or borrowed from my friends and relatives. Based on my request, my husband recently submitted an affidavit confirming this borrowing. Although still we are legally married, we have bumpy relationship. I want my money back but my husband is not paying it. What legal choices I have to get back my money while we are in legally married status? I need that money for the welfare of our children.

When did this loan occur?
What was the source of the funds?
What was the agreement for repayment?
What, exactly, is contained in the affidavit you mention?

 

[Zigner]

You seem to not understand what a marriage is. If you earned the money while you were married, it is MARITAL PROPERTY not "your own." You're on pretty rocky ground given the Florida case law to demand anything from your husband now. Even money that comes from your non-marital property that is given/loaned/pledged as collateral/etc... likely gets sucked into being a marital asset in the process.

Yeah, but being an equitable division state throw a wrench in things (maybe.) In any case, the lawsuit that would need to be filed would be a "divorce" - not a small claims...

Heck, for a "huge sum" of money, even small claims is out. In any case, I suspect that the statute of limitations will have run (another hurdle.) Even if the affidavit has the husband agreeing that he borrowed the money 20 years ago, that doesn't restart the clock.

 

[Proserpina]

Yeah, but being an equitable division state throw a wrench in things (maybe.) In any case, the lawsuit that would need to be filed would be a "divorce" - not a small claims...

Heck, for a "huge sum" of money, even small claims is out. In any case, I suspect that the statute of limitations will have run (another hurdle.) Even if the affidavit has the husband agreeing that he borrowed the money 20 years ago, that doesn't restart the clock.

I agree. The SOL might be the death knell before this even gets off the starting block.

 

[not2cleverRed]

What is the name of your state (only U.S. law)? FL

We have been married for the last twenty years. Several years ago, after our marriage, my husband borrowed a huge sum of money from me, which I earned on my own and/or borrowed from my friends and relatives. Based on my request, my husband recently submitted an affidavit confirming this borrowing. Although still we are legally married, we have bumpy relationship. I want my money back but my husband is not paying it. What legal choices I have to get back my money while we are in legally married status? I need that money for the welfare of our children.

Perhaps you should focus less on the "loan" and more on why he's not contributing to the welfare of his children.

 

[Proserpina]

Perhaps you should focus less on the "loan" and more on why he's not contributing to the welfare of his children.

I'd like further clarification for that, to be sure.

 

[simmonsa]

Many thanks for the feedbacks you provided.

The money is not more important when compared to my children. I leave that money issue behind and wish to apply for divorce to spend the rest of my life peacefully with my children and other relatives.