Do I have to pay mother in law back

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption