Legal Question in Family Law in Virginia

I have been seperated from my wife since 2006. We are filing for dicorce. During the majorty of our marriage she refused to work. He father gave us money to pay bills . Is this money considered a gift or a loan? Her father was giving her money when I met her . He paid her rent and bought her car. She is saying its marital debt and wants to split the total ammount her father gave her for 4 years. I didnt sign or give any verbal aggreement to give these funds back . She refused to work. She didnt get a job untill we seperated. I was out of work for 5 months. I can understand however . Her father gave the funds . Am I liable to pay daughter back for fathers debt?


Asked on 9/08/10, 6:48 am

3 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Well, what does her father have to say in regard to the matter, i.e., gift to you and her or rather a loan? (Yes, the intent of the alleged donor can be important in such a determination.)

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Answered on 9/13/10, 7:50 am
Cary Moseley Law Office of Cary Powell Moseley, PLLC

They will likely argue it was a loan. You should consult an attorney about this.

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Answered on 9/13/10, 10:23 am
sheryl shane sheryl shane, attorney at law

I believe the issue of whether gift or loan will be addressed by credibility and documentation.

There may be a case on point. Case law is always evolving. Contact an attorney for representation. Sheryl Shane, Attorney at Law. Web: www.sherylshanelaw.com.

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Answered on 9/16/10, 6:04 am


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