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schmicksa · Apr 7, 2009, 01:58 PM

Perhaps I had a verbal agreement to pay a loan that the parents of my now ex-wife had taken out for us. Now that we are not together any more, for more than three years, and I'm still paying this loan payment, am I legally bound to keep doing so, or not? I know the moral thing to do would be to offer to pay half, and I'm going to assume that with equitable distribution, she would have to be responsible for some of, if not half of the balance. What are my options at this point? There was never any paper work drawn up or signed by either myself or them regarding any particular payment plan, other than us agreeing to pay the regular payments.

excon · Apr 7, 2009, 02:03 PM

Hello s:

You DID have an agreement, because people don't pay back gifts. Yes, of course the agreement is binding, and they have proof to back it up.

Moral, schmoral. Sue the ex for her half of the payments.

excon

JudyKayTee · Apr 7, 2009, 04:40 PM

Perhaps you had a verbal agreement. This is in the same category as "I don't recall."

Someone owes them the money - I say split it 50/50.

Or you pay it and sue your wife for the other half.

And, yes, verbal agreements are binding. If you can prove it was a gift to you, then go to Court and prove it. They will argue it was not and the Court will decide.

Fr_Chuck · Apr 7, 2009, 04:42 PM

All debts should have been explained and settled in the divorce settlement as to who pays what debt, who gets what property.

So what did it say about debts owed ?

JudyKayTee · Apr 7, 2009, 05:18 PM

Good catch - I assumed (and we all know what that means) that the fact he is making payments meant he was ordered to make payments.

You may very well be 100% correct.

Waiting for OP to reply.