Legal Question in Family Law in Massachusetts
College Tuition Reimbursement
My girlfriend has recently been approached by her mother requesting she repay $30,000 in college tuition from 8 years ago. Her mother paid the tuition and never made any demands or formal requests that the tuition was a loan and must be paid back. They also had no formal contract indicating this was a loan. My girlfriend is now afraid her mother is going to sue her. I realize anyone can sue for anything these days, but I've told her I'm pretty sure her mother has no chance of winning a lawsuit. Am I right or am I way off base here?
Everyone's input is greatly appreciated.
1 Answer from Attorneys
Re: College Tuition Reimbursement
This is more of an ethical matter than a legal one. Ask your girlfriend if she appreciated the fact that her mother contributed to an education that she will have for a lifetime?
In addition, it is best not to get involved with family matters (especially between a mother or father and daughter relationship).
That being said, basically if there is no writing (oral agreement is out b/c the amount is 500.00 or more and, was not accomplished within one year, the mother could not utilize this option legally) and where this is her mother, the courts would more than likely consider this a gift (if there was no writing and as long as the daughter has not recently placed it in writing i.e. re-acknowledging it was indeed a loan), most likely the mother has no legal recourse.
However, this is just my opinion as to what facts you have choosen to give me. Sincerely, Maria Murber
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