Repayment of loan when there is no contract

[momma02]

What is the name of your state? IL
I filed for divorce today (whew). My husband has stated in an email that he wants us to repay his mom the $86,000 she loaned us---I had NO idea that she ever loaned us that kind of money. I know she loaned us some money, but not even close to that much. I moved out of state with our kids due to the fact he was threatening to kill me and has been abusive in the past. He has the house for sale and wants to use the money from the sale of the house to repay his mom...leaving me and the kids with nothing. I agree that we should repay what she loaned us, but any money that she gave us was between him and her and there was never a formal (or unformal for that matter) contract written up. I am absolutely sure of this. What recourse do I have.....if they were to produce a "contract" that he backdates would that be valid?

 

[BelizeBreeze]

What loan? I don't see a contract. And if he produces one have him also produce cancelled checks and bank statements from her and your accounts showing the transfer of fund.

get it?

And by the way, is your name on the home deed?

 

[momma02]

Got it....there was money exchanged and we were paying her back so there will be records of that...but $86,000??...I don't think so. As far as I know my name is on the deed--IF by chance it is not, will there be a problem with division of property? We have 2 houses both purchased during our marriage.

 

[BelizeBreeze]

Got it....there was money exchanged and we were paying her back so there will be records of that...but $86,000??...I don't think so. As far as I know my name is on the deed--IF by chance it is not, will there be a problem with division of property? We have 2 houses both purchased during our marriage.

In that case you IMMEDIATELY file an injunction against the sale of marital property until you have your divorce proceedings.

 

[momma02]

I will call my atty tomorrow...could you explain that to me please though--what the injunction means...thanks....these people (my husband and his mom) are very money hungry and like to play dirty.

 

[BelizeBreeze]

I will call my atty tomorrow...could you explain that to me please though--what the injunction means...thanks....these people (my husband and his mom) are very money hungry and like to play dirty.

It means he can't sell the home until the judge makes a determination on property division in the divorce proceedings.

Or would you rather he is able to sell anything and everything now before the two of you are divorced and TRY to figure out who gets what?

Oh, and by the way, if he sells and the judge awards you say $100,000 as your share, what's to say he hasn't already spent it? Ever try to get money out of a republican?

 

[momma02]

Thanks so much BelizeBreeze for your info, I can sleep a little better now

 

[BelizeBreeze]

Thanks so much BelizeBreeze for your info, I can sleep a little better now

ahhhh another satisfied customer.

Scruffy thanks you