Legal Question in Family Law in Minnesota

I am in the middle of a divorce and we have a verbal loan agreement with my sister and my spouse is denying the loan. Is a verbal agreement binding in court?


Asked on 1/20/16, 11:27 am

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. So you know, 'verbal' may mean oral or written. My guess is you mean 'oral' loan agreement. Generally speaking, in terms of law, certain oral agreements may be found to be binding agreements, IE, upheld by a court of law. There are caveats & exceptions to this general rule - full facts would need to be known. Please be aware that in family law, 'he says/she says' conflicts can be said to be 'the norm'. An important role of judges and court referees is making discernments on truth & veracity - this is downright commonplace in family law fyi. I urge you to speak with your own chosen attorney as she ought to know the details as well as anyone.

In the event you have chosen an attorney to help you at this time, I urge you to do so. I recommend you choose an attorney who is very well experienced, 'seasoned', a member in good standing of the Minnesota State Bar Association Family Law Section. View a few att'y websites. Read bio' webpages. Look for the very, very rare 'Entirely unsolicited, entirely freely-given client comments webpage you may find

Urge: Be wary of 'free advice'.

Note: We attorneys here do not solicit clients - we provide general legal info' to the public. Your chosen attorney may provide you with legal counsel, guidance & reasoned advice.

If finances are limited be aware that a very small number of us may provide reduced fee for financial hardship as well as assist in what is (legal jargon) termed a 'limited scope' manner, an aim of which is to provide finest quality attorney counsel but in keeping with financial realities.

Best to you & so very sorry you face this acrimony, conflict. I hope & trust you enjoy your 'new life' once this is behind you!

Tricia Dwyer Esq

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Answered on 1/20/16, 11:55 am


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