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marital debt

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eamille3

Junior Member
What is the name of your state? ny
In 2003 my stbx & I accepted a personal, no interest loan from my family to lower our credit card debt (30k). Nothin was signed (all verbal). The check was in my name, I deposited it ino our joint acct and immediately (within 4 days of recieving) dispursed the money to pay off credit cards in both and our individual names. The payback was to be when xtra money was avavailable and when we sold our house. We paid 1 pmnt of 300.00 in '03. Since we are almost divorced and the house is in negotiation, he (stbx) is denying any knowledge of the loan and says that he is not responsible. He's telling his lawyer that it was a gift to me. Even though there was no written contract is he still liable for half? Thanks.What is the name of your state?
 


LdiJ

Senior Member
What is the name of your state? ny
In 2003 my stbx & I accepted a personal, no interest loan from my family to lower our credit card debt (30k). Nothin was signed (all verbal). The check was in my name, I deposited it ino our joint acct and immediately (within 4 days of recieving) dispursed the money to pay off credit cards in both and our individual names. The payback was to be when xtra money was avavailable and when we sold our house. We paid 1 pmnt of 300.00 in '03. Since we are almost divorced and the house is in negotiation, he (stbx) is denying any knowledge of the loan and says that he is not responsible. He's telling his lawyer that it was a gift to me. Even though there was no written contract is he still liable for half? Thanks.What is the name of your state?
Unfortunately you have a real problem. Had you been making consistant and regular monthly payments to your parents it might be easier to demonstrate that a loan existed, but you did not.

Your parents will have to testify in court regarding the loan, and it will be up to the judge to decide whether or not that's credible.
 

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