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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22826
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have recently finalised relationship property settlement

Customer Question

I have recently finalised relationship property settlement with ex wife. Part of which I contributed 100% to a supposed car loan from her father. There was no paperwork to back up the loan but it was such an emotive issue I had to agree to get the agreement across the line.
Realise disputes tribunal doesn't deal with relationship property matters however now this is finalised I am wondering whether I can take the ex father n law to the disputes tribunal to try and recover?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

If you are said to have lent the father in law this money, then you can sue for this in the Disputes Tribunal. He may find it difficult to defend this if it was an essential element of the settlement. However you would need to consider the terms of the loan, and make formal demand first.

Customer: replied 1 year ago.
No you have it the wrong way around he supposedly lent us the money, I have paid the debt (which was not a loan in my view) as a part of the relationship property settlement. Do you understand?
Expert:  Chris The Lawyer replied 1 year ago.

You cannot sue him then, and you cannot sue your ex wife because the agreement settled all issues. You would not be able to recover any money from him, because he supposedly lent you the money, and on repayment this would discharge all liabilities

Customer: replied 1 year ago.
Ok thanks
Expert:  Chris The Lawyer replied 1 year ago.

Sorry I cannot suggest any remedy

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