Where to sue regarding a loan regarding my soon-to-be ex-father-in-law?

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Where to sue regarding a loan regarding my soon-to-be ex-father-in-law?

My father-in-law financed a car that he gifted my husband. In order to get it out of his name and in to my husband’s, we paid him the remainder of the loan. He promised to pay us back. Now that I have decided to divorce my husband, I want the half that I paid his father. I’m not sure if I would win it in divorce court, or do I need to take his father to small claims court?

Asked on January 4, 2011 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I hate to say this but isn't it possible that his Father is going to say that you guys purchased the car from him and that your soon to be ex husband is going to back up that story?  Do you have anything in writing here as to the facts as you have explained them to be?  Because if you have nothing in writing it is going to be your worst against his and although i do not wish to discourage you in any way from going after what is rightfully yours, you need to be prepared for the worst and for the troops to converge against you.  And I may speak with your divorce attorney first here before you try and take him to court on your own.  If you lost then you could be stopped from bringing it up later.  Good luck.


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