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Thread: Money owed me

  1. #1
    Lorettamay is offline Junior Member
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    Money owed me

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

    How do I get money back? My husband was verbally and emotionally abusive during our marriage. Under duress I wrote him a check for a large amount of money. I realized I had made a mistake, and now I want the money back. He told me he would research our paperwork and realized that it was to much..we are now separated and he hasn't paid me back. We are going to get a divorce. Do I have any recourse, or do I just sit back and do nothing and "say" it was a gift and get on with my life.. Please help.
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by Lorettamay View Post
    What is the name of your state (only U.S. law)? az

    How do I get money back? My husband was verbally and emotionally abusive during our marriage. Under duress I wrote him a check for a large amount of money. I realized I had made a mistake, and now I want the money back. He told me he would research our paperwork and realized that it was to much..we are now separated and he hasn't paid me back. We are going to get a divorce. Do I have any recourse, or do I just sit back and do nothing and "say" it was a gift and get on with my life.. Please help.
    That money should be taken into consideration in your marital property settlement.
  3. #3
    Farfalla is offline Member
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    Quote Originally Posted by Lorettamay View Post
    What is the name of your state (only U.S. law)? az

    How do I get money back? My husband was verbally and emotionally abusive during our marriage. Under duress I wrote him a check for a large amount of money. I realized I had made a mistake, and now I want the money back. He told me he would research our paperwork and realized that it was to much..we are now separated and he hasn't paid me back. We are going to get a divorce. Do I have any recourse, or do I just sit back and do nothing and "say" it was a gift and get on with my life.. Please help.
    When I got my divorce I listed funds that I gave my husband. They taken into consideration in the asset split. He has furious, but I still had the cancelled checks and other paper trail associated with it.

    Another thing I had was a pile of his cancelled checks which he had used to pay the mortage on his mother's house and his father's house (two different houses) for years. They were paid out of community funds. he was on the deed to both houses as joint owner. So I asked to either be put on their deeds too as partial owner or to have the asset split so that I got compensation for my investment in their properties. The court saw it my way. In financial matters, paper trails are very important.
  4. #4
    Lorettamay is offline Junior Member
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    It can't be listed as part of the marital settlement. He came over before we went to the lawyer to sign, threatened to put a lein on my house, etc for the money. I signed the paperwork for the divorce and didn't say anything to the lawyer. My ex later in the week went in to my lawyer unannounced and told him he wanted more money. My lawyer sat down with him to see what he wanted. My ex kept hounding me...and when I spoke to the attorney he told me it would be best to just wait it out and see what happens, to avoid court costs and so forth. I even asked the lawyer about filing a restraining order and was told to record his phone calls. It has been an awful experience, I am simply waiting for the 60 day period to end. It will be up next weekend. I will have my freedom, but it is going to be costly.
  5. #5
    Farfalla is offline Member
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    Ok so the divorce is final except for some waiting period? Is that right? And you cannot stop it and add these funds to the divorce settlement?

    Than some sort of a civil suit might be your only choice. Is it enough money to warrant another legal case? Do you have a paper trail to prove that it was not a gift?

    It might just be a very expensive lesson about not giving into belligerent people.

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