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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101379
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Husband arranged loan from s mother in 1995, paid on loan

Customer Question

Husband arranged loan from his mother in 1995, paid on loan until 2001. At the time, it was agreed no further payments were required. I separated from my husband in August, 2001. Several proposals were made for settlement without mention of this, all with me paying my ex husband a sum of money. It is important to note that my income is $84,500, while his is $286,000. The last proposal has this old "Debt" in his calculations. My questions are:
1. Is there a time limit on requesting payment? There had been no discussion or request for payment from 2001 to December 2014.
2. Can this claim be made when there has been nothing signed regarding the 1995 loan?
3. Can parents make claims in divorce settlements or would this go through claims court?
4. What are my rights?
Answers to these questions would be greatly appreciated.
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.

What province is this please?

How much of this debt is allegedly still owed?

Customer: replied 2 years ago.
Alberta , $24,000
Customer: replied 2 years ago.
The reason that we stopped paying was my mother in law overcharged us in interest on another loan by $50,000 which is why my husband and I stopped paying on this loan. From 2001 to 2007, my mother in law never broached the topic of this loan, nor was it ever brought up from the time of our separation to December, 2014.
Expert:  Legal Ease replied 2 years ago.

The debt is over because it was agreed no more payments were required.

If the debt went into default they had to sue within 2 years.

But this is not a debt and it not legitimate for your former spouse to put this on his side of the equation.

The parents would have to sue you and they have no right to do so as the loan was forgiven.

Customer: replied 2 years ago.
I have documentation regarding the $50,000 overpayment
Expert:  Legal Ease replied 2 years ago.

That will help too of course.

This is not going to work with a Judge. They judge is going to see the debt was forgiven and then they are now rewriting history.

Customer: replied 2 years ago.
Also of note, the loan was to pay off my husband's student loan from medical school
Expert:  Legal Ease replied 2 years ago.

That is almost comical given the facts.

It is ridiculous for him to essentially nickel and dime you when his income is three times yours.

Customer: replied 2 years ago.
Thank you for providing me this insight, to me, it defied common sense, but I wanted to get a legal opinion
Expert:  Legal Ease replied 2 years ago.

You are very welcome.