Legal Question in Family Law in California
My ex partner's mother gave us $10,000 when I bought a house for us in August 2010. She never asked for interest or repayment, even when I got my big tax refund 9 months later (Obama mortgage refund). When my partner moved out after living together for four years with me without paying rent (two in the home I purchased) his mother demanded immediate repayment of the money. The only time this money was called a loan, was when she wrote "house/loan" on the check. There is no written agreement and no terms of repayment were ever discussed. Does she have a case? My ex moved out behind my back taking the majority of our common property, including our pets.
3 Answers from Attorneys
The fact the check contained language defining these funds as a loan is strong evidence of an expectation for repayment. You are not required to have every contract in writing.
I agree with Ms. Kock. It sounds like she does have a case. Some agreements can be oral, and the check is evidence that tends to prove that it was a loan.
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