I borrowed £12,000 from my husband for a business venture that went wrong he has now issued proceedings against me by Money on Line.Can he do this?
2006-10-25 06:53:24 · 14 answers · asked by MAURICE J 1 in Business & Finance ➔ Small Business
Nope cops you can say it was a gift and he was going to get a percentage of any profits. HE has to prove otherwise. NOT you!
****!
2006-10-25 06:56:11 · answer #1 · answered by puffy 6 · 0⤊ 0⤋
This question is tricky because a court will have to consider a number of factors:
1. You are a married couple
2. As such your husband has a marital duty and responsibility towards you, including financial
3. Although you are technically married, do you and your husband consider yourselves as having parted ways? - if so then you could be regarded as an 'outside' entity - and therefore you rights under marriage could be severely diminished...
4. Did your husband encourage you enter into this business venture?
5. Did you enter this venture because of his encouragement?
6. Did your husband offer a financial incentive to enter this venture? ie. the £12,000?
7. Or did you ask your husband for the money in order to enter this venture.
8. Was your husband agreeable or reticent about your entering this venture and about giving the money to you?
9. Despite all the above, did you and your husband enter into any form of business agreement between you which involved the involvement of this £12,000? Written or Verbal? (Both will count)..... a court will want to know the details of this agreement and you will have to show, if you don't have any written format, or even if you do, what both parties intentions were, what both parties agreed to and how one or the other has reneged on that agreement ......
As you can see the above is just the tip of the iceberg and since I am no lawyer, I cannot give any advice as to what the legal implications and interpretations might be to whatever answer you give to any of the above ..... I would however strongly advise you to seek legal assistance as soon as possible.....
2006-10-25 07:32:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, of course. Anyone can FILE a suit. He has the right to. The real question is, can he win?
Winning will depend on several factors, including -- do you have anything in writing about this loan? and what is your agreement about paying it back (verbal or written)? Have you already admitted that it is "a loan"? In which case, you have less ground to stand on. Loans should be repayed (morally) but if you didn't say by when --- then --- he has less ground. Further, if you were married at the time, exactly whose money was this? (Was it yours jointly anyway?)
He may spend a lot of money in court to get back just £12K! May not be worth it for him. (Settle for (much) less?)
Business ventures go wrong all the time, especially at start up. In the future, if you have any question about paying money back, try getting a grant (check out grants for women*), or just let your personal financer "in" on future profits if/when there are any. If they accept these terms and if there are no profits, then their "investment" was always at risk and they should consider it lost money.
2006-10-25 07:06:52 · answer #3 · answered by Janet712inEngland 5 · 0⤊ 0⤋
Here in the United States, I believe that would be termed a "frivolous lawsuit" as most states probably wouldn't honor it. It's more of a domestic issue that would be resolved if there was a divorce imminent.
Of course, none of this reflects the fact that you are in the United Kingdom. So, the best advice you could get would be to contact a lawyer and see what your rights are.
Sorry for your situation!
2006-10-25 07:17:37 · answer #4 · answered by Tony R 2 · 0⤊ 0⤋
Yes he can if it is under £5,000.00 he can just get a form from the county court. Over £5,000.00 he has to do it via a solicitor, if you are separated you need to see your solicitor, if you are divorced and you already have a clean brake order then he is not entitle to a penny but if you do not have a clean brake order then he can claim this from you.
If you are still together and living under the same roof then I do not believe he can but you need to see either a solicitor or CAB (Citizens Advice).
But as you borrowed the money you should pay it back!
No wonder most men think women are money grabbing b1tches!
2006-10-25 07:02:51 · answer #5 · answered by jizzi 4 · 0⤊ 0⤋
I'm not a lawyer, but I think that unless you signed a "loan agreement" with your husband, the only thing he's got is a frivolous lawsuit.
Why not bring a counter-suit? Sounds like defamation of character to me.
2006-10-25 11:21:36 · answer #6 · answered by PALADIN 4 · 0⤊ 0⤋
Did you sign a loan agreement or mortgage to him?
I am assuming that you are not arguing that he loaned you the money rather than giving it to you.
Do you have the money to repay him and are you still together?
If you have the money, you owe it to him and should negotiate repayment. If you don't have the money, his action could lead to your bankruptcy.
You should take professional advice!
2006-10-25 07:06:11 · answer #7 · answered by in vino veritas 4 · 0⤊ 0⤋
In this day and age anyone can sue anyone for anything. It's too bad that a lawsuit would arise between husband and wife but he can do it.
2006-10-25 06:59:22 · answer #8 · answered by jgsw 2 · 0⤊ 0⤋
I don't know the laws exactly, but I think that even though you "borrowed" it from him, it is considered shared assets, and I really doubt he can sue you. The fact that he wants to suggests to me that the two of you need counselling...
2006-10-25 06:57:27 · answer #9 · answered by Anonymous · 0⤊ 0⤋
well, money given by husband to wife, ....then it cannot be processed in court, but if the husband has enough evidence to prove that he has loaned you the money (and not gifted it), then you are liable to pay him back.
So to prove your innocense you must prove that he has given the money as gift, not loan.
2006-10-25 06:58:49 · answer #10 · answered by cyclone_009_king 2 · 0⤊ 0⤋