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FDR intervenors

  • bella654
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07 Dec 20 #515038 by bella654
Topic started by bella654
I have been battling for two years about the former marital home as me and my wife was gifted money from her parents towards the house., When we split my ex wife and her parents wrote a loan document stating that the money was loaned and not a gift and she has put this debt in her form E. The ex in laws applied to become intervenors and have been granted a court case pending all partied supplying narrative statements about the loan. I have submitted mine and the ex in laws theirs and they supplied their bank statements showing that the bank transfer to my now ex wife shows GIFT for house. The in laws are stating that they wrote GIFT by mistake and meant to write LOAN. With this new evidence do you think the judge will still allow them to be intervenors ?

Prior to this event they was harassing me to sign over the house to my ex wife I have a letter form them stating if I sign over the house all loans will become GIFTS to my ex wife ???

  • .Charles
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08 Dec 20 #515045 by .Charles
Reply from .Charles
It sounds as though they are trying to re-write history.

If the bank statement says 'gift' it was a gift. If it had said 'laon' and they were now saying it should have been 'loan' that's a more persuasive explanation but for there to have been a loan I would expect a loan agreement plus the correct reference on the bank statement.

As it is there is no agreement, as there was no loan (and it would be unusual to have a 'gift agreement'), and the bank reference says 'gift'.

It would take a real leap of faith to get over the hard evidence plus the fact that this issue has only occurred now that you are separating.

You mention a letter referring to the loans. This sounds very relevant although it should be used with caution as it might be headed 'without prejudice' which means you would need legal advice on its usage.

Charles

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