How would a loan from one spouse to another be handled in family court?
Question Details: I used money from a prenuptial savings account to loan my wife $18,000 to purchase a new vehicle. We had a verbal agreement and she agreed to pay me back $250 per month to repay the savings account. She made 2 payments then refused additional payments. We are getting a divorce. The vehicle is worth less than the loan amount due to depreciation and age. In your opinion, how would the courts view this situation?
If you can prove the loan to the court's satisfaction, this should be a factor in distributing assets: e.g. you get $17,500 more im assets than her, to repay the loan. The issue will be proving a loan between spouses--spouses don't usually "loan" each money, after all; they help each other out with expenses, being spouses--when there is nothing in writing, unless you wife were to corroborate or substantiate the existence and terms of the loan.
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