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I a currently separated from my wife and negotiating settlement

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I a currently separated from my wife and negotiating settlement of our assets. In the days following our wedding (sept 26, 2009) while we were on honeymoon, my fatherin law deposited a 15,000 dollar cheque into my wifes account in which my name was not included on yet and he made a 15,000 dollar cheque to the reception hall (madison) to help pay for the wedding. My question is: by law am I entitled to either or of the 15,000 dollar cheques, both, or none (my father in law wants the 30,000 dollars back claiming it was a loan)? please help thanks

Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

I am sorry to hear this.

Debra Thal :

Was there every any thought that this was a loan?

Debra Thal :

Did you ever agree to pay him back?

Debra Thal :

Did you ever pay him back any of this money?

Customer:

Was there every any thought that this was a loan?








Did you ever agree to pay him back?






5:37 PM



Did you ever pay him back any of this money?



Customer:

It was given to us (my wife and I as a gift) never was the term loan mentioned befofre until now when we are planning to divorce. No thought was ever given as to whether he should be paid back or not. Only now given the divorce situation must I contemplate paying him back. I was always under the impression that it was a gift not a loan. I never paid him back any of the money.

Debra Thal :

This is a common way parents often react when their child is getting divorced.

Debra Thal :

We family lawyers see this all the time.

Debra Thal :

They re-write history as they are resentful of any gifts made.

Debra Thal :

The parents will have to prove this is a loan and that you agreed to pay them back.

Debra Thal :

This is not going to be possible as this is not the truth.

Debra Thal :

If they could show that you paid them back a bit of a time, for example, that would be good proof.

Debra Thal :

But none of this happened.

Debra Thal :

It will be for them to prove their allegations.

Customer:

Correct none of this happened

Customer:

nowhere is it stipulated that it was a loan and that it needed to be repaid. does the fact that the cheque was in her name or deposited in an account that my name wasnt on yet change anything? we were married when the cheques were issued and deposited

Debra Thal :

This is good evidence on your side as well.

Debra Thal :

The Court has seen this many times.

Debra Thal :

It's not going to work and I am sure your in-laws will be told this.

Customer:

So if indeed they want there money back they would have to bring me to court and prove there allegations that it was a loan, that i agreed to this loan, and that we had terms of repayment stipulated? (i believe this to be my last question)(i do not want to take up anymore of your time this has been tremedously helpful)

Debra Thal :

Yes you are correct. That's is totally right.

And please don't apologize for asking questions!!

Customer:

I beleive i am clear on the situation now. If you have anything else to add that you feel is important for me to know please feel free if not, thank you very much!

Debra Thal :

I think you are fine for now.

But if you need more help you now know where to find me!

Customer:

Thank you for your help. Have a nice weekend.

Debra Thal :

You too.

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