Legal Question in Family Law in Massachusetts
automobile lease during marrige
My friend has served her husband with divorse papers. Her husband is claiming that he gave her $5000 in cash for a downpayment for a vehicle lease and wants that money back. According to my friend, this is untrue. Does she have to pay him if there is no written proof of the cash transaction? With whom does the burden of proff lie?
2 Answers from Attorneys
Re: automobile lease during marrige
The burden of proof is with the person claiming there was a loan. This will be decided during the pendenancy of the divorce. If you have any questions feel free to contact me.
Re: automobile lease during marrige - contested divorce.
I would urge your friend to ignore the request. There is an automatic restraining order that goes into effect regarding finances. Technically, it would be a violation to give him the money. Even if it is true, your friend still does not have to give the money.
I agree with Nicole. All debts and assets can be and will be resolved eventually. Your friend have certain discovery rights about this matter and other matters related to your friend's divorce.
If this is the start of the situation, your friend will probably have a difficult time with this process. If your friend anticipates these, it may be easier.
A contested divorce is difficult. If your friend would like to consult me or seek my assistance, have your friend contact me.
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