Loan or Gift money?

[minutemaid]

What is the name of your state? GEORGIA

My husband and I were going to get a divorce a few months back but decided for the kids sake to try and make it work. The reason for the divorce was because of him committing adultry. The women he was with has been trying to split us up for years. After I told him I wanted a divorce and kicked him out, he moved in with her. In an attempt to keep him she was paying his bills, buying him whatever he wanted, and and even offered to get a loan and pay for his lawyer. Since they, my husband and I are living together trying to make it work. Now this woman is calling us trying to get "us" to pay off the $3000 attorneys loan. She called last night saying she's contacting a lawyer today and they'll end up garnishing "my" wages. I told her we were not responsible for the loan since she offered to pay and there was not a written contract saying he'd pay her. I told her maybe she should think twice about trying to break up a marriage and messing with a married man. Lesson learned? Who's right? I'm already out of $2800 I paid for my own lawyer. To bad I couldn't make her pay that.

 

[djohnson]

Even though the circumstances are bad and there is nothing in writing, you need to find out what the verbal agreement was between your husband and her. If she was getting the loan and he was going to pay it back she may have something to go on and sue him. However, she would not be able to garnish your wages for his debt. His she can.

 

[JETX]

Minute: there are a number of issues in your post:

"and and even offered to get a loan and pay for his lawyer."
*** From this post, it appears clear that the money that she provided to your husband was in fact a loan. And if correct, and she is able to show a court of that fact, she would likely get a judgment against him.

"they'll end up garnishing "my" wages"
*** That is simply not true. First, they can't garnish anything without first getting a judgment. And from your post, they could only get one (if at all) against you husband, not you.

"Who's right?"
*** Depends on the answers and facts above.

 

[minutemaid]

The reason she got the loan was because "she" did not have enough cash. She offered to pay the loan. She wanted him to have "the best" divorce lawyer. If it was up to him he would not have even had one. She was throwing money at him left and right to try and keep him, even after we got back together she was paying on a rifle he had on layaway to try and get him back. Now that she realizes he's not going back to her, she's being vendictive. She told him she wanted him to have the best lawyer and she would pay. How do we prove it was a gift that she offered, and not a loan? She went to her bank and got a loan in her name, and she wrote the check to the lawyer.

 

[OnlyOneVoice]

The only hope you have is that she wrote the check directly to the attorney and it never passed through the hands of your husband.

However it will all come down to the preponderance of the evidence meaning what seems most likely. You may be able to show a pattern if you can write up a list of everything she purchased for him and also if you can prove that she continued to pay for things even after he left.

Good luck, I think you will need it.

 

[minutemaid]

Any suggestions on how to prove it was a gift? She paid the lawyer with a check. I don't know if she wrote anything in the note section, but probably not. She might after the fact though since she has the cancelled check.

I also have a receipt showing she paid on a layaway he had "after" he moved back home. She was trying to get him to come back by paying on it.