in laws lent husband money..now trying to sue me

[grace1111]

hi ...any help appreciated.
in laws lent husband money into his account for deposit on our house ..now divorced they are suing me for full amount under a verbal aggreement i never had with them ...never asked for the money..they paid it to him and personally never agreed to pay back.
He did state to his parents he would pay them however they declined and are suing me for the full amount.
I have a solicitor but would generally just ask for any feedback on verbal agreement with no proof??

[paulajayne]

Re: in laws lent husband money..now trying to sue me

His account?
Not a joint one?
Where is the contract?
If one exits who signed it?

[des8]

Re: in laws lent husband money..now trying to sue me

Hi and welcome
Could you post up the claim form (if it has gone as far as that) suitably redacted?

[Amethyst]

Re: in laws lent husband money..now trying to sue me

Have the finances been settled with the divorce ? Do you have full ownership of the house now or is it still jointly owed ?

When you purchased the house and paid the deposit did you have to complete any documents about where the deposit had come from ? Sometimes I know you have to declare that the deposit either was from yoru own savings or was a gift etc in case repayment of a loan would affect affordability. That may assist to show it was never discussed as a loan. Verbal agreements stand but if there wasn't one, then it helps if you have any other documentation that backs up that the money was never intended as a loan, alternatively that it was solely given to your husband and not to you.

Have your in-laws actually submitted court papers on the matter? and has your solicitor / you acknowledged the claim with intent to defend ? ( you really don't want to get a default judgment over it)

[grace1111]

Re: in laws lent husband money..now trying to sue me

Hi... house in my sole name never in his and mortgage in my sole name.
Also money from his father was put into his account we never had a joint account ever.
Noone signed any form of loan agreement or any paperwork.
and the deposit that they are saying they gave some money towards came from the sale of our previous house when sold (which was in his name only as i didnt work as had his 2 small children).
However i believe at the time (as 4 1/2 yrs ago) i think he wrote to the mortgage /bank that dealt with the purchase of the house that the sum of money for the deposit was actually from proceeds of the previous house as part of our divorce settlement from him to me. I can ask the bank for a copy of the letter.
The money was given to him into his account and i never agreed with anyone to pay any money back to anyone with any terms at all.
and yes the papers are submitted and we are awaiting a judical judge to give us a court date.
I have a solicitor and have done everything the court has asked and have provided them with a signed document by myself and my husband that states that any monies owed to his family after our divorce he will accept liability for and vica cersa with mine.
Obviously my ex husband wont be a witness for me in court as hes a bloody coward and wot go against his mother..and she is taking her husband as a witness to swear that yes i did ask for it and yes i did agree to pay it back( shes admitted she paid solely to her son and no dates were given to any information or time scale either).
I have never had a penny paid to me either during or since the marriage to myself from them.
What will happen at court ?
And no ... although divorced and i have remarried..no financial order has been settled as he agreed at the time to a cash settlement from the house when our youngest reached age and unfortuately my solicitor didnt file with court..i do have original paperwork signed by us both but now its over 2 yrs old. and we sent new financial order to him 6 weeks ago and now he wont sign. ... now his mother is doing all this and hes sticking his head in sand and im well aware i will need to sort financials with him after this case is done. Any help or advise greatly appreciated x

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I dont have any paperwork as now all sent off to court for the judicial judge to look at ..pls look below on thread to follow and any advise greatly appreciated.

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His sole account..never had a joint account.
No contract..no timescale of payments not even a date.
no signatures.

[grace1111]

Re: in laws lent husband money..now trying to sue me

Oh and the reason shes coming after me and not naming him in court action is (although he has offered to pay her in stages...she declined him to pay this!)...she wants me to sell my (and my childrens..her grandchildrens) home..or my dad to pay this bill as she knows she will never get a penny out of her son. He already owes me a sum of money from missing maintenance payments etc .
However my husband and i although working are on low income and there is no way i could raise or pay this sum even if a judge asked....she doesnt care..she stated to my school aged daughter that she will have to move out of her home to pay this bill.. Fuming.

[des8]

Re: in laws lent husband money..now trying to sue me

You asked for peeps opinions on her claim?
I suspect your solicitor is saying the odds are in your favour.
?Claim under £10,000 and ex mother in law acting as litigant in person?

[grace1111]

Re: in laws lent husband money..now trying to sue me

Hi..no claim is just over that amount hence no small claims i believe its going fast track?
and yes shes defending herself i believe.. what i dont understand is how she alone (according to original court documents) can take to to court and sue me for money shes saying her husband gave (or loaned) to their son?

[des8]

Re: in laws lent husband money..now trying to sue me

Any possibility you could post up a suitably redacted copy of the POC?
Have you/your solicitor lodged a defence?
You believe it has been allocated to fast track?
Does that mean you are not sure if it has been allocated yet?

Others here will know better than I, but IMO:
As she didn't make the loan, I doubt she has the standing to bring the claim.
As the loan wasn't made to you she is taking action against the wrong person.

[Sparkie1723]

Re: in laws lent husband money..now trying to sue me

If you want to consider the view of some one who is regarded as a rambler sometimes with no idea what he is talking about. I will say that as you never asked for the money.............any agreement about the loan of the money is between the parents and the son ....it was paid into his bank account b.
What he did with it ......was his decision...............he decided to give it to you to enable you to purchase the property in your name only, as it appears there is no agreement between you and your husband or any reference to you paying him the money back.
It must surely be deemed a GIFT to you.
If he had given it to any other person it would be deemed a gift ............if he given it to charity the same rule applies.
Your mother in law has no claim for anything against you.
Just my view............most people would take my view with a pinch of salt..............if you also do .....no hard feelings.
I've seen this situation a couple of times before and the result was the same each time............no case to answer. its the sons responsibility.

Sparkie