Do I have to pay mother in law back
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Do I have to pay mother in law back
My husband and I are getting divorce. His mother gave us 10,000 dollars a few months back to put on his car to lower the monthly payment, but he decided to pay of may car which would lower bills significantly. Now she is telling me I have to pay the whole amount back to her, or she wont give me my car title which is in his and my name and he already has his own car that his mom cosigned for. Am I obligated to pay it all back?
Asked on May 24, 2018 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the $10,000 was a gift, then, no, you do not have to repay the $10,000.00. A "gift" is what the name implies: a contribution of something with no expectation for repayment. It does not matter that your husband used the gift for other purposes. If your mother-in-law would like to make a claim against your husband for mis-using her gift....then that is between him and her. If you mother-in-aw attempts to withhold the title, then you can petition the divorce courts to order your husband to give you a "Power of Attorney to Transfer Motor Vehicle", which would give you the authority and ability to get a new title in your name alone....without having to deal with your mother-in-law.
If the $10k was a loan and she can prove that it was a loan, then your mother-in-law could have a potential claims against the community, which both you and your husband would potentially be liable for.
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