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IN DIVORCE SPOUSE IS CLAIMING THAT GIFTS WERE NOT GIFTS BUT…

Customer Question
GOOD MORNING .I AM...

GOOD MORNING .I AM INVOLVED IN DIVORCE SPOUSE IS CLAIMING THAT GIFTS WERE NOT GIFTS BUT A LOAN THAT I SHOULD BE REQUIRED TO REIMBURSE . SPECIFICALLY FUNERAL EXPENSES FOR MY RELATIVE ; CREDIT CARD DEBT. WHEN IS A GIFT NOT A GIFT BUT A LOAN IN FLORIDA AND WOULD EITHER OR BOTH QUALIFY AS LOANS PURUANT TO AN UNJUST ENRICHMENT THEORY OR QUANTUM MERUIT CONTRACT THEORY .ANY CASE LAW ON THE SUBJECT?

Lawyer's Assistant: Have you talked to a FL lawyer about this?

NO

Lawyer's Assistant: What steps have you taken so far?

I AM PROCEEDING PRO SE

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

NO JUST NEED TO KNOW IF THERE ARE CASES THAT APPLY TO THIS SITUATION . I RAN ACROSS A CASDE IN FLORIDA REGARDING PAYMENT FOR A FUNERAL WAS CONSTRUED AS AN UNJUST ENRICHMENT TO SPOUSE COURT ORDERED REIMBUSEMENT BUT I CAN NOT LOCATE THE CASE.

Submitted: 23 days ago.Category: Family Law
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Answered in 12 hours by:
5/30/2018
Family Lawyer: RayAnswers, Lawyer replied 23 days ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,702
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 23 days ago

Florida operates under the laws of “equitable distribution,” which essentially means property acquired during the marriage belongs to the spouse who earned it, and during a divorce all assets and liabilities are to be divided between the spouses in a fair and equitable manner. There are no specific, set rules regarding who will receive what or how much they will receive, rather a variety of factors will be considered. Once the court looks at the relative earning contributions of each spouse, factoring in the value of a spouse who stayed home to raise children, as well as the earning potential of each, the final determination could be that one spouse is awarded anywhere between one-third and two-thirds of the marital assets, although this is a guideline only.

Court here has to decide if this was a gift or a loan.

More reference to this issue.Judge has final say here

https://www.lawyers.com/legal-info/family-law/divorce/property-division-in-divorce-wasting-assets.html

This is a fact issue judge decides whats equitable here, whether it was gift or a loan.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Family Lawyer: RayAnswers, Lawyer replied 23 days ago

Hooker v. Hooker

Before their marriage, the parties entered into a prenuptial agreement providing that, upon dissolution, each party would retain his or her premarital assets and any appreciation of those assets. Following a twenty-three-year marriage, Wife petitioned for dissolution of marriage. The property dispute in this case resulted from the trial court’s equitable distribution of two pieces of residential real property. In its amended final judgment the trial court concluded that these properties were marital assets. The Fourth District Court of Appeal affirmed the trial court’s determination as to one property but concluded that the trial court erred in finding that Wife had an interest in the other property by virtue of an interspousal gift. The Supreme Court affirmed in part and quashed in part the Fourth District’s decision and reinstated the trial court’s amended final judgment, holding (1) the appropriate standard of review is competent, substantial evidence, and in this case, the Fourth District improperly reweighed the evidence under a preponderance of the evidence standard; and (2) the record contains competent, substantial evidence to support the trial court’s findings that both properties at issue were marital and therefore subject to equitable distribution

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