Can my father in law, make a put judgement against just me, for a loan he made to his daugther and me?
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Can my father in law, make a put judgement against just me, for a loan he made to his daugther and me?
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Slipting from my wife we own a second home together, , I lost my job and put my 401K to make the house liveable. As it looks like we will lose our 1st home due to foreclouse. Father in law wants me to sign off the second home, and lose my 401k money, or he will make a judgement against me for a $130K loan/gift he gave, to help me and his daugther buy our 1st home. Won't the judgement against me also be against his daugther?
Additional Details
The check was signed to the title company for the purchase. No documents signed by me or his daugther, to secure the loan/gift.
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LovesTheConstitution
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If you are confused about whether it is a loan or a gift your father in law provided to you, it may be confusing to a court. He would need to prove that it was a loan.
A court can grant a judgment. Your father in law cannot "make" one.
Since the benefit was to both of you (for a second house), the lawsuit and the judgment would be against you both.
Pay this debt with whatever you have or can get. This is no way to treat someone who provided $130K to you. Additionally, the rift between your wife and her father might be damaging to her. |
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Alison
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Is this in writing? Are both of your names on it? If the father-in-law files a complaint against you but not his daughter, you can always file a cross-complaint against his daughter to make her responsible for this as well. |
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Drixnot
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Don't do it.
If the father in law gave you money for a house he can't change the rules now.
If he loaned you the money he can foreclose on you both.
Only a judge can do what you are saying... he can do nothing on his own.
The issue here is confusing people. please state who you owe money too, how much and what the original payment terms are. |
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Phil
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If this is a community property state yes for sure, otherwise he can do this but you can sue her for her share of it, and you may be able to have her brought in to the main suit.
And a "loan/gift"? Sounds like an invitation to family discord. |
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TheHumbleOne
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Your father-in-law didn't have to loan you (or his daughter) anything - but he did. He expected repayment. If I understand your confusing situation, you do not wish to divorce - just live separately. This is marriage? You do not mention children. If there are no children, and the daughter is not disabled and can hold a job, your father-in-law would probably have more respect for you both if she made an effort to get a job - you two either reconciled or made the split legal - and began repaying the $130K.
Reading your "additional details" - where you state you and your wife did not sign anything - it sounds like the father-in-law actually owns the home. If this were the case, couldn't he sell it out from under you? |
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zelllaaa
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The man gave you $130,000. He has the right to feel however he wants about you. |
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