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.
I am sorry to hear this.
Was there every any thought that this was a loan?
Did you ever agree to pay him back?
Did you ever pay him back any of this money?
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.
This is a common way parents often react when their child is getting divorced.
We family lawyers see this all the time.
They re-write history as they are resentful of any gifts made.
The parents will have to prove this is a loan and that you agreed to pay them back.
This is not going to be possible as this is not the truth.
If they could show that you paid them back a bit of a time, for example, that would be good proof.
But none of this happened.
It will be for them to prove their allegations.
Correct none of this happened
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
This is good evidence on your side as well.
The Court has seen this many times.
It's not going to work and I am sure your in-laws will be told this.
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)
Yes you are correct. That's is totally right.And please don't apologize for asking questions!!
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!
I think you are fine for now.But if you need more help you now know where to find me!
Thank you for your help. Have a nice weekend.