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Parent's of Ex want money

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dl42guffy

Junior Member
What is the name of your state (only U.S. law)? Kentucky

Not sure what to do about this. I was married for almost 2 years. We purchased a house and her parents gave her a gift of $5000.00 to put towards the house. I didn't ask for the money and did not need it, but I allowed it to be put towards the house anyway. I originally considered it a loan but her mother said that it wasn't. She told me it was a gift and that since they had helped out their other children they were glad to do it etc.

We got divorced because she became physically abusive and I have a special needs child and I just couldn't risk anything with her. She had some serious mental health issues and she stopped taking her meds...etc. etc. etc. When I came to the realization that I couldn't live with her any longer I contacted her parents and told them I would be filing for divorce. I said that I would try to pay back the money if they would help her out and keep things from becoming a legal nightmare. The main issue was health insurance. They wanted me to stay married to her because she needed health insurance and I felt so bad for her that I just kept putting the date off so she could keep it.
Stupid, I know, but I really cared about this woman. I just couldn't leave her hanging out to dry. Needless to say they drug their feet on the divorce and it ended up costing me way more than it needed to. The only time that the money was mentioned I told her that if they wanted the money back that they could have the house and I would move out. They didn't want the house and she signed it over to me in the divorce proceedings.

The divorce was final in December 2008. Now (June 3rd, 2009) her parents have sent a letter asking me to repay the loan they gave us. They want me to pay it back over time interest free. I don't mind paying them back some of it, but I don't feel I should pay back all of it. I would prefer not to pay back any of it, but I am a fair person. Even though they said it was a gift back when, I don't feel comfortable about it.

So what are my options with this and what can I do to either minimize what I have to pay or avoid it altogether?

Some facts about this:

There was no paperwork. I didn't sign anything agreeing to pay back the money. They wrote her a check and she deposited it into our joint account.

I did offer to pay the money back if they would not make things legally complicated during the divorce. The only property that we had between us that wasn't pre-marriage was the house. They refused to do this. They would send every communication through her lawyer which he sent to mine so they tried to nickle and dime this entire thing.

Anyway. Long story short. Any advice is appreciated. Thanks.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
It's a marital debt. However, the lender (her parents) can seek payment from either one of you. So, you can pay it and have it off-set during the divorce.
 

dl42guffy

Junior Member
The divorce is final. There was no mention of the money in the divorce settlement. She signed the house over to me.
 

Isis1

Senior Member
I disagree. Parents can STILL seek repayment of the loan from either person. They were not a party to the divorce.

ETA: And, it still appears to be within the SoL...
if they took it to court, wouldn't they have to sue BOTH parties?

the parents wrote a check to the WIFE.
 

dl42guffy

Junior Member
What loan

I did indeed tell them that if they didn't drag our divorce into court that I would try to repay them some or all of the money, but I considered it a gift at that point. I'm just too nice. They said to me "this was a gift." I still don't mind paying them back some of the money, but I don't want to pay all of it. The marriage basically ended up being a great way for me to pay for their daughter to go to school for 2 years free and she had health insurance and a place to live free. I know that has no bearing on the situation, but to me, I think we're even. They didn't have to spend all the money she would have had to have had on doctors, hospitals, and medication. They got off cheap.
 

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