can i sue my ex husband? I have prove that it's a loan, not a gift.?

Question

I am just wondering if i can sue my ex husband, i loan him this money while we were still married, but I already told him that this is a loan, and he agree with it, he promise me he would return. After 2 years, we were divorced, I asked him to return the loan for me, he wrote back to me from email couple times told me that he will returning the money to me, but which he never did, so if i have the copy of those emails, is that consider a prove and evidence even he never wrote a promisary notes? The loan is $2700 plus a veichle which the title sitll on his name, but i also have prove of the email he send to me that he also owe me the veichle, and he will change the title to my name, will this consider consider prove and evidence? or the veichle name still under his name, so that won't consider a gift to me? if i can prove that he promise to change the title to my name because it was a gift from him, will i win?

Thanks alot for answering all the questions!!

Answer 1

It depends entirely on where you live. I doubt that a married couple can "loan" each other money outside of a business transaction. If you really need to know consult a lawyer.

Answer 2

First of all there are many hoops to go through to use an email in court. That it is his customary address, that he actually authored it, etc. Plus there is the fact that emails are easily doctored.

The judge is going to see this as a he said/she said thing if you get that far. Regardless of the circumstances the judge will see that you had to "loan" your husband money indicates instability in a marriage on both of your parts as if two people are in love they are together in everything....... having a car to contribute to a marriage is key. Even if he didn't follow through which is obvious.

Since you didn't cover this in the divorce it will look like you are just coming back for more out of spite. The reason is is that when people get divorced vehicles are almost always covered in the agreement. If there is nothing in the agreement it is his car. As far as money loaned there is the whole communal property thing and even if it was loaned division of assets would be covered in the agreement. You signed it so that's that. Your ex could even prove in court that he needs the car to get to work and such.

Bottom line. Yes you could sue but a judge will not take the time to sort this out because if it was enough money you would have a lawyer and even then it would be doubtful. You could expend mental energy, get papers drawn up, have him served, etc. etc. But most likely the judge will send you both on your way. Is it worth it?

I would just keep at trying to get him to change the title as the 2700 is gone. At least you will get something back. But really you should just chalk it up as a loss and move on if that doesn't work. He is still in your life otherwise. It is unfair but 2700 is not worth the continuing effort.

Answer 3

I suggest you watch a few episodes of People's court to see if you have a case.

There is probably no such thing as a loan between spouses unless you in turn borrowed the money from someone else. But in the same token, all assets are halved so half of the vehicle is yours whether the title is under his name or not as long as it was purchased during your marriage. Part of the divorce settlement is who would own the vehicle, ie, under who's name. The other side would get a cash settlement for that.

The amount of money you are talking about is for small claims and you have to present your case. If you want some sympathy from a judge, go to Judge Judy on TV

Answer 4

When you divorced, how did you split up the money? Usually in a divorce situation you figure out what assets/debts you have as a couple and a then with what is leftover you split it. When you are discussing this with your lawyer, the car and the loan should be counted as his debt. Ask for alimony to pay off what he owes you. If you lend anyone money, always get it in writing.

Answer 5

You can sue anyone for anything, winning is a different story. When you have written proof it helps a lot!!!
I would say yes that you can sue for this. I had a similar situation but the money I had was stolen by my ex and I could have sued him to recover it since I had proof that it was him. But I choose to move on and get away from him instead.

Answer 6

The time to have dealt with these issues was when you got divorced and split up your property. The loan payback should have come out of his share of the assets. Go back to your lawyer and ask the same questions you are asking here.

Answer 7

If you gave him money while you were still married I really doubt that you can win. He can always say someone else wrote those emails and not him. what you should of done was have a piece of paper stating the amount and have it stamped. Contact a lawyer and see if you can do anything. good luck.

Answer 8

Wait, what happened to your's is mine and mine is yours? Why would you loan anything to your husband when the money should be both of yours? If you really want to petty about, you can take him to small claims court. But, personally, I would have chalked it up to a loss. This is why I never loan money...I give without expecting it returned.

Answer 9

undecided, If the emails are previous an dhe has skipped city you may desire to get no longer something yet courtroom expenses and expenses, in spite of the incontrovertible fact that in case you nonetheless be attentive to the place he's you may attempt contacting him one final time, cordially, for the bills. do no longer point out bringing him to small claims courtroom, if he says no, then bypass and report at small claims courtroom and make certain you have all your information to assist your declare. or you're SOL. additionally, on your request, have him pay the courtroom expenses.

Answer 10

u should have addressed this in your divorce, but u may be able to get something in small claims court. but if the person doesn't want to pay u even after getting a judgment, it is often hard to make them pay u. he sounds as if he makes alot of promises he doesn't intend on keeping. promises mean very little, and even if u get a judgment, doesn't mean much if he won't pay u.