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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 09-17-2006, 11:08 PM
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Hi All,
I wrote a question in an earlier post to which lv responded to. (thank you again lv)
The one question that wasn't addressed was this...
During my nearlly 8 year relationship with my ex (we share a son together), I inherited a large sum of money from my Grandfather. Now then, my ex has been threatening to take me to small claims to pay half of a loan that he took out while we were together. As I stated in my last post, the loan was in his name. Now then, if he succeeds would it be possible for me to take HIM to court for half of my inheritance that HE benefited from? I mean sure his loan was in his name and yes the money went to things for the both of us but my inheritance went towards things for the both of us as well. I should mention that we did not own a home together. We rented and I wrote the landlords a letter before I left stating that I would no longer be residing there. As far as household 'stuff' goes well....we really didn't have a whole lot. I left him with things he brought into the relationship as well as some other things (ie:furniture) that I thought he could use but were mine which I gave up to him.
Thanks a bunch for taking the time to read this.
Take care,
Brooke
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Old 09-17-2006, 11:29 PM
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lifeofriley,

Quote:
I inherited a large sum of money from my Grandfather
This inheritance is yours and yours alone. How you spent the money is irrelevant.

Quote:
Now then, my ex has been threatening to take me to small claims to pay half of a loan that he took out while we were together. As I stated in my last post, the loan was in his name.
The debt is his solely.

Quote:
Now then, if he succeeds would it be possible for me to take HIM to court for half of my inheritance that HE benefited from?
I don't think he will be successful in his claim, but to answer you question yes you could also take him to small claims court ie: in regards to your inheritance. I suspect you would not be successful with this if you did proceed. To summarize, was there any contract drawn up between the parties in advance of the loan or the inheritance that in the event the parties separated, the loan liability would be split and the inheritance would be paid back. If not, I suspect both claims would be dismissed.

I would call his bluff. Let him proceed to small claims. The loan is in his name solely and legally he is on the hook for it solely.

lv
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Old 09-18-2006, 02:35 PM
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Hi lv
Nope, no contract written up before hand about loans etc. I AM gonna call his bluff on this one. I think he's just panicking and is scrambling tyring to find different ways to bully me into doing something he knows I don't want to do.
Thanks again lv for your help. Very much appreciated.
Take care,
Brooke
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