How do I draft a contract for loaning money to my fiance?

I submitted a payment of $3,500 for a retainer fee for an attorney for my fiance for a lawsuit over a property with his ex-wife. How do I draft a legal document that holds him responsible for repaying me the $3,500?

Asked on July 3, 2012 under Bankruptcy Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It seems silly to say go and seek help from an attorney when the legal fee could be the same as the amount owed to you.  What you want to do is to have your fiance execute a promissory note that you could sue upon should he default.  So I might go and seek out a legal supply store and see if they have an accepted form for a promissory note or try this link:

http://www.scbar.org/public/files/docs/realestate/PromissoryNote.pdf

Once you fill it out ask a lawyer in the area if they will review it for a flat fee (a few hundred dollars maybe) to make sure all is fine. And ask then what the requirements for executing are to make it legal.  Good luck. 


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