Can aspouse be sued for repayment on a debtif it was just a verbal agreement?
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Can aspouse be sued for repayment on a debtif it was just a verbal agreement?
About 2 years ago my soon-to-be-ex and I borrowed approx 30k from my mom to pay down debt. We are now getting divorced and he is claiming that he knew nothing about the money we borrowed. This would be just 1 of the 500 lies he is telling. Can my mom sue him in court for 1/2 of what is owed to her, even if we have nothing in writing? I can provide the receipts of what the money was used for which would of been joint debt.
Asked on October 20, 2010 under Family Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Verbal agreements always make me nervous because of a law known as the Statute of Frauds. the Statute of Frauds is a law that says that certain agreements must be in writing in order to be valid. The statute varies from state to state. Generally contracts for the sale of real property always have to be in writing. In Pennsylvania loans over $50,000.00 have to be in writing so you appear to be in the clear there. What also has me concerned is that unless your Mother sues you both it will look like collusion on your part to get money from your ex. I would seek legal help on this. Good luck.
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