I paid wife student loan off before we were married - can I claim it as an asset

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mf1iaat

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We were living together for a year prior to marriage and I paid off her $13,000 student loan about 6 months before we married. There was no agreement between the us that she should pay it back to me once working.

Can I add that back to my assets for NFP on date of marriage.

Is there any precendents or court rulings to support my claim?

I am not trying to be a cad but hey if I go show it as an asset on date of marriage then hey...

Or am I missing something?
 
No. Unless you had it written down as a contract for her to pay you back, I don't think you can claim it as a debt as of the date of marriage.
 
I would claim it on the financial disclosure, and then bargain it away in return for whatever nonsense your opponent will certainly try to pull off as well.
 
^ worth a shot, by all means.. But I tried to introduce that type of thing (specifically and otherwise) and you know what? Nobody gave a flying f*ck, to put it bluntly. But definitely - give it a try ;)
 
It might fall somewhere in the area of "do I have to return the engagement ring" and other implied gifts and might be worth checking out on CanLII.
 
Well... Is she going to show this loan on her finanacial side? If she does, seems like she is opening that can of worms and she can't use it as a means to gain equalization, when she never paid for it. Hopefully you have proof of payments.
 
I really can't see how he can claim this. Marriage equalization would use a baseline or snapshot of finances of couple at time they got married and compare to time they separate. Onus would have been for the lender to get a written agreement at the time of the transaction if he expected to be paid back. As the transaction took place prior to the marriage it would seem logical that the lender, if they had a written agreement, would pursue the matter under small claims court as the loan was not a marital transaction and did not involve matrimonial property. Also, as Berner_Faith touched on, the g/f would have probably claimed the student loan somewhere in past tax return(s) which would further complicate matters.

IF claims like this were allowed then people would have to start keeping track of who paid for what during pre-marital dating. Yikes!
 
How long were you married for? Might make a difference if it was short duration. If this was something that happened 5around years ago, might not be as relevant as something that happened 1 year ago.
 
I think at without some kind of documentation, it is a he said she said scenario. He says, it was a loan to be paid back at some future unspecified date, she says it was a gift. In the absense of anything written to the contrary, I can see it being ruled in her favour.
 
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