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gifts

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C

chunx

Guest
about five years ago, my wife recieved a sum of money from her mother. this was assumed to be a gift, to take care of some repairs around the home. since then, the two have had a falling out, and mom wants her money back. she's saying that it was a loan, which according to my wife is not at all how it was presented to her back then. there was no written or spoken contract between the two, although mother evidently has reciepts from the repairs made. does she have a leg to stand on?
chunx, texas
 


JETX

Senior Member
Unless there is some documentation to indicate otherwise, this would likely be a case of 'your word against hers'. Your mother-in-law would have the burden of proving that the money was a loan and not a gift. If she is able to provide any support for her claim, the court could rule that it was a loan.

What do you have, if anything, that would support the funds being a gift??? What might your mother-in-law have to support her claim that it was a loan???

Finally, you might need to check on the actual dates. Texas provides for a 4 year statute of limitations. If it has been longer than that (actual loan or last payment), then the 'clock' has expired and your mother-in-law can't pursue legal action.
 

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