Legal Question in Credit and Debt Law in Georgia

Five years ago my husband�s mother gave him a large sum of money to hold for her when she left the country. She said he could borrow some of it. The money was put in our joint bank account. He spent all of it using some to buy items for the house. We have since gotten a divorce. Now his mother wants her money back. I only know of the items he bought for the house. I kept the house. I did not ask for the items and there is no written agreement between anyone about the money. He does not have a job. Do I have to repay money my husband spent if we are now divorced?


Asked on 1/04/13, 4:34 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A big part of the answer depends on information you left out, so see a lawyer immediately. One very important part of this is likely what you had your lawyer put into your divorce papers about this, and you chose not to tell us that (that was a very important issue for you to have covered in the divorce).

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Answered on 1/04/13, 6:35 am

Why would you have to repay your husband's mother?

I can see that if the mother can "trace" the money into things that are in the home (like a new roof or a new kitchen) then she could possibly sue and get what is called a constructive trust over the home until the funds are repaid. However, the husband's obligations to his mother should have been addressed in the divorce.

If the mother gave your ex-husband funds and there was no papers of any kind and if your ex-husband deposited the money into a joint checking account, then there are two gifts here. Gifts do not have to be repaid. The mother never should have done this. If she wanted the money to be kept for her, there are tons of things which she could have done with it all of which would have kept the money safe. I think she is now going to be out of luck but that is an issue that is between her and your ex-husband.

Attorney Ashman is correct - you ought to be discussing this with your family law attorney for starters to see if anything was included in your marital separation/settlement agreement about this. In addition to the missing information noted by Attorney Ashman, you do not indicate what prompted you to post here. Has the mother made a formal demand on you for the money? Does she have a lawyer? Are you just wondering about this?

If the mother has made a written demand on you for the funds then you need to respond. If by a lawyer, then you need a lawyer to respond. If you feel that you have a moral obligation to repay the money that went into the home repairs, then offer to repay that portion only. You are not responsible for the money spent by ex-husband and you should not have to pay that.

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Answered on 1/04/13, 1:23 pm


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