Can I sue husband’s mistress for money he loaned her?

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Can I sue husband’s mistress for money he loaned her?

He sent funds via Western Union, but no longer has the receipts. Can I subpoena WU for the transfer and money order records?

Asked on August 9, 2012 under Bankruptcy Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In such a case, what must be determined is whether or not the payment of such money would be considered a loan or a gift.  In order for it to be a loan, there must have been the intent to make it a loan (instead of a gift). There must have been an agreement (either written or orl) to pay back the funds. Unless there was such an agreement, the money will in all liklihood deemed by the court to be a gift.


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