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it was a gift

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quadrupa

Junior Member
What is the name of your state? CA


My husband (soon to be ex) and I were gifted $81,000 by his father as a down payment to purchase a home in October of 1993. I have a copy of the gift letter in the paperwork I have when we purchased the house.

We are now going through a very ugly divorce after my husband planned on murdering me on christmas day in front of my kids. His dad has blamed me for his son going to prison so now his dad is trying to sue me and the escrow company (employed by frist team realty) for the entire amount of $81,000. I do believe the court will see this as another attempt at a vendetta against me because his son had to serve prison time for comitting a hanius crime against me and my children.

I was just served court papers for the first time on sat may 27, 2006 so there has been no judgement made yet as to whethere the money is really owed or not. Attached to the court papers a forged promissory note dated 6 months after the purchase of the house with both of our names on it, stating that "we" would pay the money back when the house was sold and money was distributed. This note is not notorized. I did not sign this paper.

We just had the house record on friday may 26, 2006 and no funds were distributed yet. They are set to be distributed on tuesday may 30, 2006. His dad did not name his son in the lawsuit.

First question: can he hold up my portion of the money from the house sale that he has no entitlement to? my father in laws name was never on the title of the house nor was there ever a lien put on the house for the money.

Second question: can I be held responsible for the total amount since the note is in both of our names and the house has always been in both of our names.

Third question: can I counter sue for slander, stress, undue stress, fraud (is it not fraud to sign a gift letter in October 1993 and then demand the money to be paid back in March 1994?), breach of contract, negligent interference with prospective economic advantage?

Bottom line is I did not sign that paper and I will go to court on it but can not without the proceeds from my house as I am broke because my soon to be exhusband has not paid me a penny of child support in 2 1/2 years. This man is requesting a jury trial. Please advise.

Anna
 


seniorjudge

Senior Member
quadrupa said:
What is the name of your state? CA


My husband (soon to be ex) and I were gifted $81,000 by his father as a down payment to purchase a home in October of 1993. I have a copy of the gift letter in the paperwork I have when we purchased the house.

We are now going through a very ugly divorce after my husband planned on murdering me on christmas day in front of my kids. His dad has blamed me for his son going to prison so now his dad is trying to sue me and the escrow company (employed by frist team realty) for the entire amount of $81,000. I do believe the court will see this as another attempt at a vendetta against me because his son had to serve prison time for comitting a hanius crime against me and my children.

I was just served court papers for the first time on sat may 27, 2006 so there has been no judgement made yet as to whethere the money is really owed or not. Attached to the court papers a forged promissory note dated 6 months after the purchase of the house with both of our names on it, stating that "we" would pay the money back when the house was sold and money was distributed. This note is not notorized. I did not sign this paper.

We just had the house record on friday may 26, 2006 and no funds were distributed yet. They are set to be distributed on tuesday may 30, 2006. His dad did not name his son in the lawsuit.

First question: can he hold up my portion of the money from the house sale that he has no entitlement to? my father in laws name was never on the title of the house nor was there ever a lien put on the house for the money.

Second question: can I be held responsible for the total amount since the note is in both of our names and the house has always been in both of our names.

Third question: can I counter sue for slander, stress, undue stress, fraud (is it not fraud to sign a gift letter in October 1993 and then demand the money to be paid back in March 1994?), breach of contract, negligent interference with prospective economic advantage?

Bottom line is I did not sign that paper and I will go to court on it but can not without the proceeds from my house as I am broke because my soon to be exhusband has not paid me a penny of child support in 2 1/2 years. This man is requesting a jury trial. Please advise.

Anna

First question: can he hold up my portion of the money from the house sale that he has no entitlement to? my father in laws name was never on the title of the house nor was there ever a lien put on the house for the money.

A: He can if whoever has the money will now not distribute the money.


Second question: can I be held responsible for the total amount since the note is in both of our names and the house has always been in both of our names.

A: Yes.


Third question: can I counter sue for slander, stress, undue stress, fraud (is it not fraud to sign a gift letter in October 1993 and then demand the money to be paid back in March 1994?), breach of contract, negligent interference with prospective economic advantage?

A: No.



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