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My dad suspects that my ex-husband married me for the sake…

My dad suspects that my...
My dad suspects that my ex-husband married me for the sake of my dad’s money. We could not afford big wedding, but upon marrying we wanted to buy business and needed money for the downpayment. Knowing that, my dad gave us $10000 as a wedding gift, thinking that this would be a goog financial start for us. My husband, however, had about $15000 shopping debt on his credit cards, thus having low credit score. I did not have credit back then as well. So he told my dad about it. My dad said that he will cover this debt. So he did, but then my husband said that there was a business we could buy, but for that he needs $10000 more, because the business was priced for $100000 and the required downpayment of 20% was $20000. My dad refused saying that having $10000 already, my husband could make efforts to earn the rest of the money. So long story short-he eventually went on a trip to Miami with couple of friends and spent all the money there. My dad got supermad. Now he wants his money back. We also learned that my husband (soon-to-be ex) had 1st degree shoplifting case in the past. Of the proof we have reports from Western Union for money transfers and out joint bank account statements showing deposits. My dad also has viber messages of him sending my husband list of every transfer he sent and my husband confirming that he has received it. Could this be enough to build the case and get the money back?
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Answered in 5 minutes by:
1/18/2018
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 40,077
Experience: 17 years practicing criminal defense.
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If father gave the $10K as a wedding gift, then once he actually gifted the money he gave up any right to request its return. When someone makes a completed gift by giving the asset to the recipient, it is then the recipients to do with what they want.

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So unfortunately if your ex took the money and spent it on foolish things, then that money was a joint gift to both of you from father so either of you could spend it on whatever you wanted..

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Father doesn't have any legal grounds to demand the return of the money at this point since it was a completed gift..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister

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Customer reply replied 1 month ago
Well there was only $10k being a gift. The other almost $15k were meant to be returned once we would be more stable financially

Ok, so was there anything in writing stating that ex would repay that 15K?

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Or any provable verbal agreement that ex would repay it?

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If not, the the ex just says "Father in law was being nice and paid off all our debts so we could start fresh" and without any proof otherwise, the judge dismisses the case..

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Customer reply replied 1 month ago
Well they had verbal agreement i just don’t have any proof of it. I heard it myself though. Can I be a witness on that?
Customer reply replied 1 month ago
This was not our shared debt. He acquired debt before we got married

Sure you can testify as a witness, but father is going to have to hire an attorney for a few thousand up front to pursue this because it is over the small claims court limit..

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Customer reply replied 1 month ago
for the wedding gift he gave us 10k on a condition that we will spend it on business. Otherwise it would have been a smaller amount
Customer reply replied 1 month ago
That is what he actually wants to do.
Customer reply replied 1 month ago
He just wants to know what exactly he can provide as a proof
Customer reply replied 1 month ago
How much approx might the upfront charges be?
Customer reply replied 1 month ago
in case the court approves, what are the penalties for my husband would be?

Ok, then father can argue that it wasn't a wedding gift as you stated earlier, but it was a loan that was supposed to go into a business.

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And as proof, if he has nothing in writing, it would be his word against ex's with you being a witness for your father to testify as to what the deal was..

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And as I said, you are probably looking at 3-5K up front as a retainer for the attorney.

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If father wins, he gets a judgment that says the ex has to pay him back..

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Customer reply replied 1 month ago
What if ex refuses to pay?

Then father has to try to find assets that ex owns that he can collect against, or garnish his wages if he works..

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but if ex filed bankruptcy, then it would wipe out the judgment and any other debts he had.

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Customer reply replied 1 month ago
One more question: could my ex’s shoplifting past be sort of an extra proof of him being bad in terms of money?

No, prior bad acts aren't admissible in court to prove someone is a bad person..

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Customer reply replied 1 month ago
Ok thank you

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 40,077
Experience: 17 years practicing criminal defense.
Verified
Barrister and 87 other Criminal Law Specialists are ready to help you
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Barrister
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 40,077
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Experience: 17 years practicing criminal defense.

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