Legal Question in Family Law in Minnesota
In my divorce decree my ex husband was ordered to repay half of $155,000.00 that we had borrowed from my mother against my future inheritance. My mother is 93, lives in Illinois and was not a party to the divorce. My ex and I live/lived in and were divorced in Minnesota. Would my mother have to file a civil suit in Illinois regarding that judgement or is it something I could do in Minnesota?
2 Answers from Attorneys
Hello. Generally speaking, a divorce (in Minnesota termed 'marital dissolution') is a court Order that dissolves the marriage relationship of the wife and the husband, and establishes the new rights and obligations and duties between the (now former) wife and the (now former) husband, and as regards any minor children of theirs. To address this matter, I advise that you seek a private attorney to review the actual terms of your divorce. The attorney should review the divorce (and any other related legal documents or private agreements) and then provide you with a legal opinion on possible courses of action: Often there will be multiple possibilities for action aimed at fully and effectively resolving this legal issue. You should not delay because certain legal rights in matters such as this may be lost forever by delay, and, typically the sooner one acts the better the outcome is likely to be. I suggest you telephone several attorneys in choosing, because you should be comfortable with the attorney as well as a high level of trust. I also recommend that you choose a somewhat older and more experienced attorney. If finances are an issues, some attorneys (including myself) will consider your personal finances in legal fee or offer a sliding fee scale of some sort. All the best to you.
Your order would have to be reviewed to determine the language included in the Order and whether it is enforceable through contempt. The answer may lie with whether the Order requires your ex spouse to repay you for the advanced inheritance, or whether it requires him to pay your grandmother.
Your grandmother may have her own legal rights with regard to repayment against both you and your spouse if she can demonstrate that a loan had been made and ythat the loan was to be paid back and was not
I have more than 22 years of experience in family law matters. For a consultation call 612.240.8004.