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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1996
Experience:  Dual qualified Solicitor and Attorney
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My partner has just recieved a letter in the post from his

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My partner has just recieved a letter in the post from his ex wifes mother stating he owes her £6800, this money was given to him whilst in a marriage with their daughter and it was given as a gift, he was not told he would need to repay it. Now 2 years later they are demanding it back and are threatening legal action.
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: No
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: Norfolk6
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hi thank you for your message, he should write back and indicate that he disputes the money was a loan and that this was a gift and as such is not repayable. In cases involving money being given to close family and friends there is a presumption in law that the agreement will not be enforceable in the courts and therefore you need strong evidence to counter this presumption such as a written contract or an acknowledgement that the money will be repaid, that is not the case here so even if they take legal action they will struggle to succeed. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 13 days ago.
Would what count as an acknowledgement that the money would be repaid?

No, stating that he received the money is not the same as agreeing it was accepted it would or should be repaid. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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