money

[shamwani]

my wife made me pay all of her debt in an agreenment that she will pay me back,we did not sign any form of contract and now she is rufusinf to pay me back,saying that she has no money.I need my moneys back and dont know what to do.Have i got any claim against her?

[Hgrove]

I am not an expert but I have a nasty feeling that because it was between husband and wife and there was nothing in writing, it would be deemed that you lacked intention to create legal relations, hence there is no contract between the two of you.  I also have a feeling there is some sort of rebuttable presumption that a husband makes a gift to the wife but not vice versa, but I am not 100 p.c. sure.  I am sorry I cannot give you a more optimistic answer.

[Sequin]

Somebody once said that a verbal contract is not worth the paper it is written on - if you have no signed agreement, you are unlikely to be able to prove it in a court of law. All I can suggest is that you pawn her jewlry!

[Didwot]

Goodness, what sort of relationship do you have with your wife? If you decided to sue her the marriage must surely be over, whether you win or lose. In that cas youi would be heading for the divorce courts, and all your finances would be abnle to be dealt with. On the other hand if you do not think your marriage is over why would you ever want to sue her? For what it is wolrth if you do sue her, you will have to satisfy a judge that thiswas a loan, and I don not expect you would get the sympathy vote.

[Hammer]

Whatever happened to "What's mine is yours" ??

[erimus1]

The old saying of "what's mine is yours and what's yours is yours also" has never been more true - the new amendment to the family law Act makes provision for the wife having rights to the husband's posessions, but not vice versa - Women are taking over the world. Seriously though, Higrove would ordinarilt be right about the lack of 'intention to create legal relations' , but in this instance, consideration would be given to the 'common intention' of both parties. It is unclear if you are actually divorcing your wife - if you ae not, perhaps you should consider it? - I'm afraid that uder the Matromonial Causes Act, you became responsible for her debts also, so in fact would not ordinarily be able make any claim. My advice would be to try and possibly evidence that these financial arrangements were extraordinary to the marriage and its finances.
Good luck.